How do I evict a sister from a house I own when there was no contract or lease agreement?

UPDATED: Jan 6, 2012

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How do I evict a sister from a house I own when there was no contract or lease agreement?

Before my mother’s death 3 years ago, she deeded me 2 parcels of property. On one 3 acre parcel is a house. Immediately after mom’s death, she took possession of the house (we didn’t know about the deeds until 2 weeks later). I agreed to let her and her 2 grown sons to live in the house with the agreement that she pay all present and future property taxes on that parcel. I paid taxes (still under mom’s homestead exemption). She was to pay the next year’s taxes $2551.74, she didn’t. I paid $3031.37 to redeem them. Lat year’s taxes of $2551.74 is due next month. I don’t think she’ll be paying those either.

Asked on January 6, 2012 under Real Estate Law, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have an oral agreement for your sister to remain in the home that you own and your sister is not agreeing to the terms of the rent, your options are as follows:

1. not do anything and continue to make the property taxes.

2. speak with your sister about the need to pay and make a decision on how to proceed based upon her answer.

3. serve your sister with a 30 day notice of termination of her lease. If she fails to make payments on her oral lease, your option is to then file an action to evict her. If that is what comes to pass, I suggest that you retain a landlord tenant attorney to assist you in this endeavor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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