What legal steps do I take to get my brother out of my mom’s house?

UPDATED: Sep 30, 2022

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What legal steps do I take to get my brother out of my mom’s house?

My bother is a drug addict and is allowing the sale of them from my 96 year old mother’s home. He has homeless people living there and there is.a lot of in and out traffic. My mother’s personal and household things have been stolen. She had isolated herself to her room. She is extremely.depressed and even mentioned being scared at times. Against her will, I

have had to place her in a nursing home near me. APS was involved and they said that everything was due to sibling rivalry and dropped the case. The police had been called and my brother said there were no drugs and.the people were just his friends and did not live there. What are my legal options to have him removed from the home? He has never paid rent

and there is no lease agreement. I have durable power of attorney over my mother.

Asked on April 15, 2016 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have a power of attorney that includes power over this property (which most do, though it is i]legal to create more limited POAs), then you can file a legal action to remove him. If he has never paid rent, he is not a tenant; he is a guest. A guest may be asked to leave at any time; the guest only remains as long as the property (or her attorney in fact--the person given authority by a POA) allows them to. You may ask him and/or any of his friends to leave; if they will not, you can bring an action for "ejectment" to remove them. ("Ejectment" is eviction for non-tenants.) An ejectment action is somewhat more procedurally complex than a tenant eviction; you are advised to retain an attorney to help you--having the attorney will also help professionalize and depersonalize the action, and the attorney can serve as a buffer between you and your brother.

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 AttorneyPages.com 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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