How can I get my nephew to move out?

Question

I've given my nephew 4 months notice that I am trying to sell my home and that he needs to find another place to live as soon as possible. He's done nothing that indicate he's even trying to move out. Do I need to worry about legalities if I just kick him out and put his stuff out on the lawn? BTW, he's 28 years old.

Answer 1

If he doesn't leave on his own, you will need to do one of two things; file an ejectment action or file for eviction.

"Do I need to worry about legalities if I just kick him out and put his stuff out on the lawn?"

You can be arrested and sued for doing this.

Answer 2

There are rules and regulations for eviction. They vary by location and you did not indicate where you are. The following is broad advice and what the law generally expects. Others might have other means to the same goal though they might not be suggesting things that are legal. I am not even considering the family dynamics as that appear to not be a factor at this point.

If you are not living in the property at the present time you really do need to consider yourself a landlord with a tenant who does not have a signed contract. Even if you are living there you might have problems if you just move out his stuff.

Assume that you need to do a formal eviction. The process starts with a formal notice. Many tenants will move with nothing more than the notice served. Be prepared to follow through with court action so that your nephew does not play for time. Do not delay and do not skip the steps. Follow the process correctly. You can always terminate once he is out.

Note that if he moves without clearing out the items you can be expected to put the items in storage and later charge him for the cost if he wants the items. If he does not collect them after a specific period of time you are expected to sell the items so that you get best value for them. Otherwise he might claim that something was of great value.

There are specific rules about all of the above in many locations. Hence you need to know the laws. Maybe best to get legal advice and let them handle the process.

Messy? Yes. The mistake happened when you let him move in. That said do not cut corners now and face problems later. Wrap this one up cleanly so any sale is not delayed.

Answer 3

That depends on how long he has been there and how smart he is.

I'm not sure the time limit, but if someone lives somewhere for a certain amount of time, they establish residency and squatter's rights, so you can't just kick them out.

However, if he doesn't know about this, you can just pack his stuff and change the locks. But you gave him 4 mos., so I'd imagine he will take it all. You figure it out - get apt. now and pay rent for 4 mos. or wait 4 mos. and live in uncle's house for free? If you gave him 4 mos., you'll have to honor that.

Answer 4

You have no legal responsibility to him, unless he has been paying rent. If you sell the place and made arrangements to move and he has done nothing. Stick his stuff out on the curb and change the locks for the new owners.

Answer 5

Tell him to get a job and get a tent for his stuff that will be out on the lawn when you move soon. Easy!

Answer 6

There may be local ordinances that affect what you do. A lot depends on whether or not he pays rent or has any agreement with you. If he is just freeloading there because it is empty otherwise, boot him. If he doesn't leave voluntarily, a local sheriff can help you.

Answer 7

wow,your kidding right? does he not know where the door is?tell him to get the hell out! It is your house!restraining order!!Is he a loser?is he freeloading?if he just does not get it,then he has no respect for you and have you lost some respect for him due to his ignorance?

Answer 8

Yes, yoou should be prepared to evict him. You will have to serve him notice to move, and if/when he doesn't begin the process of eviction.