can they throw him out?

Question

my friend has been living at the same residence since he was 14 years old.he is now 58.he doesn't pay rent because his sister owns the house.he says if they ever get mad at him they can't throw him out because he has been there so long.but I disagree with him .I really don't think he has any rights except for a reasonable amount of time to vacate.does anyone know/.

Answer 1

Your friend is referring to adverse possession statutes, and, unfortunately, he is incorrect.
For a person to take title to property based on adverse possession, the possession must be 1) open (not by stealth), 2) exclusive (he did not share possession with the owner or another), 3) continuous (remained in possession for the prescribed statutory period), notorious (neighbors knew him as the resident, possibly considered him the "owner"), and hostile (living there without the owner's consent).
Your friend obviously fails to meet the last provision, that of hostile possession. His sister allows him to live there rent-free, so he is not, nor has he ever been, in hostile possession.
He has the same rights as any tenant. Perhaps he can convince his sister to grant him a life estate in the property. That would give him the right to possession for the remainder of his natural life.

Answer 2

While the laws differ in each state, the common law gives him no special rights here. His sister owns the house, and he is staying as her guest. As such, she has the right to evict him at any time. In most states the basic landlor-tenant laws may well require advance notice. This may vary both by state and by season. For example in some states the notice is longer in the winter months than in the summer.
Nonetheless, since title is in his sister's name, and not his, he does not have any ultimate rights in the property. The property is hers, and she controls it.
Similarly, should she die, her heirs get title to the property and they are more than entitled to throw him out. The length of time he may have lived in the property is completely irrelevant when faced with a battle between a title holder and a mere occupant.

Answer 3

Adverse possession is the legal doctrine that allows someone to assert title (ownership) of property if they have held it for a certain period (varies by state, usually 10-20 years).

But the clock for adverse possession only starts when the person lives in the property openly and without permission.

That last element is his hurdle. It appears he's had permission all this time, so the clock never started running.

Answer 4

As an adult staying, residing or squating in a house , with no lease in his name , with his nane not being on the ownership papers, he is there on sufferance by the registered owner. A court would probably grant him one month to vacate.

Answer 5

Though legally he can be thrown out, I sure would to hate being the judge who had to make the decision!

Technically he isn't a renter. He has been allowed to stay free is not renting.

Answer 6

He is referring to something called Squatter's rights. It varies from state to state. His sister could probably get an attorney and get rid of him is she has a reason to.