What does my mom have to do to get my brother out of her house?

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What does my mom have to do to get my brother out of her house?

My brother, his girlfriend and her daughter are living with my mom. She told them since they are not paying rent, she wants them out. They said they were moving out on May 9th, but never did. They no longer have any belongings at her house anymore. She is renting the house she’s in and she’s the only one on the lease.

Asked on May 21, 2012 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If they are not paying rent and have no ownership interest in the home, they are guests. Guests may only remain as long as the homeowner (or the legal tenant, if it's a rented, not owned, home) allows them to stay, annd that permission may be revoked at any time. Once it is revoked, they have to leave; if they do not, they will technically be trespassers and in theory the police should help remove them. The reason I say "in theory" is that the police often refuse to intervene in a case like this, if the trespassers claim that they have some right to remain there; the police prefer to let the courts determine who has a right (or not) to stay there when there is some question.

Your mother should tell them to leave and, if they don't, she should contact the police; but if the police do not or will not help, she should hire a lawyer to bring a legal action (e.g. an "ejectment" action) to determine rights to possession and residency and get them out legally.


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