So here it goes. A friend of mine Jessica has had her younger brother (now 21)living in her basement for 6 years now. Originally he moved in because his grandparents kicked him out and Jessica's mom said that she would be buying a house soon so it would be temporary for him to stay at Jessica's. Well, it's been a while and Jessica's mom has a gambling problem and hasn't bought a house and she herself is still living with her parents. Jessica's younger brother has become a real problem the last couple of years. Very disrespectful and still doesn't pay any kind of rent yet demands to have cable and internet. Jessica's mom had been watching her kids for her while she had to go to work and she kind of used this against Jessica as to she should let her brother stay because she's watching the kids. Well, I'm not sure what happened but Jessica and her mom got in a fight about two months ago and her mom said she was no longer going to watch the kids for her. And when this happened Jessica told her brother that she wanted him out of the house within 30 days. It's been well over that time period and he has yet to budge. So yesterday she changed the locks when he left then she had to take the kids to soccer. When she returned she found her mom had broken into the house by taking an air conditioner out of the window and crawling through. My question is what rights does Jessica have in kicking her brother out? (Joe) Jessica's brother doesn't have a driver's license or even a state ID proving that he lives at her house. And I'm pretty sure Joe is still covered under his mom's health insurance, and she uses him as a dependant on her taxes. Which her mom's driver's license states she lives with her parents in Detroit. So if he doesn't pay rent or have proof of residency besides having all his stuff in the basement. Does she have to be worried about changing the locks and does she have to get the courts involved with eviction notices since he has never payed any type of rent whatsoever?

Pack up all his things and put them outside. He is not a tenant, he has no lease agreement and pays no rent. As long as his personal property is not inside her house, he doesn't live there. Then tell the mother that next time she breaks into the house the police will be notified.

It is possible that a long-term resident can acquire the status of a tenant without having a written lease and/or paying rent, so your friend might want to doublecheck state and local statutes or consult with a local attorney before taking action. If so, your friend may need to institute eviction proceedings.

With regard to the mother breaking into the house, that should have been reported to the police at the time it happened.

I sort of had the opposite of this problem. I was living with my brother for 2 years and I was paying rent, but that's beside the point. I was not on any sort of lease and had the right to leave at anytime. My brother and I got in a huge fight and I decided it was time to leave. I rented an apartment and packed my bags. I made my first trip with a load of things. When I returned the following morning, I found the locks were changed and the windows were nailed shut. Being a previuos property manager and knowing my rights, I called the police to act as a babysetter, since my brother can be unpredictable and a violent person. Basically they stood by as I broke into my own home.

So basically your friend's brother has a legal right to the property if he is considered to be living there. If his ID goes to that address or he gets mail there, he is reconized as a resident and he can do whatever he has to in order to get to his things. I personally had to cut a screen and climb through a window. What your friend has to do is go to the court and get a notice to quit, and go through the eviction process. As much fun as is sounds to pitch his belongings out the windows and doors onto the front lawn, it is an illegal eviction. If her brother is smart enough to figure that out, it can come back and bite her in the rear later.