getting a non-lease holding tresspasser to leave

getting a non-lease holding tresspasser to leave by Anonymous on November 5, 2009 @15:34

My Father was ill and my brother who was out of a job came to be the "care giver" My brother was given a place to live, a car to drive and household expences for his time. When my Father passes 4 years ago the home was left to my sister and me. Our brother has stayed in our family home NOT paid any of the up keep or taxes. I have turned the power off in my name and "held" the account so that he may not have service. I have given him a lease that he will not sign and will not leave. I have started formal evicion. How can he stay? thanks

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Re: getting a non-lease holding tresspasser to leave by Micah on November 5, 2009 @15:48	[ Reply ]
What you have started is an illegal eviction by shutting off the power and preventing it to be turned on. This is going to be very expensive and a mess for your family...

Re: getting a non-lease holding tresspasser to leave by OK-LL on November 5, 2009 @16:35	[ Reply ]
Micah's right -- self-help evictions are illegal almost everywhere. You should turn the utilities back on and follow through with the eviction, and hope your brother doesn't read this forum! Good luck.

Re: getting a non-lease holding tresspasser to leave by Anonymous on November 5, 2009 @17:03	[ Reply ]
He is not a tresspasser, he has established residency at the house. You should get a lawyer ASAP because what you did was illegal with the utilities. If you have started the formal eviction, which is giving him notice to vacate, then you need to follow through with that, by filing for the eviction at the end of the notice term according to your state, and go to court.