How to remove a family member from a house?

UPDATED: Oct 1, 2022

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How to remove a family member from a house?

My wife’s father died and left her his house and all the belongings in it. However, for the last 2 years, a nephew moved in with her father and has been a caregiver for him. This nephew has a house he has been fixing up but is dragging his feet regarding moving out of my wife’s house. This has been going on for 3 months. We told him 2 months ago to move out by the 1st of this month. How legally do we remove him from the house?

Asked on April 8, 2018 under Real Estate Law, Kansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If this nephew has paid rent or a form of rent (i.e. pays utilities, does work around the property, etc.) , then he is now a "tenant" which means that legally he must be evicted; you'll need to file for an "unlawful detainer". If he has not paid any rent and but has been on the property with permisssion for about 2 years, then at this point, he is a "licensee" and to remove him you will need to file for an "ejectment". This is like an eviction but quicker. At this stage you may want to consult directly with a local attorney as they can best advise you further. Whatever you do, don't attempt any self-help measures such as changing the locks, removing his belongings, etc. If you do, then you can find yourself on the wrong side of a lawsuit.

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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