My 45 year old brother STILL lives with my mother. He won't work, and when he does, he uses all of his money to get/stay drunk. I found out that he spent the entire five day New Years holiday drunk. This isn't something new -he has done this for years. My mother wants him out. She has had to call the police on him before, but they say they can't remove him because it is "his" residence - since that is his mailing address he is entitled to do what he wants there and she will have to go through the eviction process. Now we are being told that it has to go through civil court while someone else is saying we just need to post an eviction notice that doesn't have to go through the courts. My idea (beating him to within an inch of his life) isn't the route my mother wants to take, so we need some advice. Any comments would be greatly appreciated.

My 45 year old brother STILL lives with my mother. He won't work, and when he does, he uses all of his money to get/stay drunk. I found out that he spent the entire five day New Years holiday drunk. This isn't something new -he has done this for years. My mother wants him out. She has had to call the police on him before, but they say they can't remove him because it is "his" residence - since that is his mailing address he is entitled to do what he wants there and she will have to go through the eviction process. Now we are being told that it has to go through civil court while someone else is saying we just need to post an eviction notice that doesn't have to go through the courts. My idea (beating him to within an inch of his life) isn't the route my mother wants to take, so we need some advice. Any comments would be greatly appreciated.

I understand he isn't paying rent and all... But even if he did, it would be a month to month rental unless your mother had a lease of some sort. Does she? If not, she can just send him a certified letter return receipt and make sure he sees it that he has 30 days to vacate. If you are in TN, that could be 14 days if she so wishes. After those days are up, she can FILE for an eviction (at the local court house just ask for the paperwork or with an attorney) which will be anywhere from 3 to 10 days to do in TN. Then if he isn't out when the eviction notice states (which is a court document), the marshals will allow him to collect his things and take him out of the residence. If he lets it go to the eviction point, he may have a really hard time renting elsewhere, so hopefully, he will go before his requested days are up.

Thank you!!
No, he is a deadbeat and has never paid a dime, even though he has lived there pretty much all his life. My mother wants him gone but doesn't want it to reach this point, partially because it is somewhat of an upscale subdivision and the neighbors will talk!

If he does not have exclusive rights to any part of the house and not paying any rent, and there is no lease or agreement of any kind, then this most likely is a non tenant occupier. There is no tenant relationship. State laws differ and depending on the state you live in you may just be able to put his stuff out and lock him out or you may be required to get a court order to do the same. Your best choice is to seek the advice of an attorney in your state for the correct action. Talk to a real-estate attorney.

But, in the end after all is said and done your mother will let him back in.

If he does not have exclusive rights to any part of the house and not paying any rent, and there is no lease or agreement of any kind, then this most likely is a non tenant occupier. There is no tenant relationship. State laws differ and depending on the state you live in you may just be able to put his stuff out and lock him out or you may be required to get a court order to do the same. Your best choice is to seek the advice of an attorney in your state for the correct action. Talk to a real-estate attorney.

But, in the end after all is said and done your mother will let him back in.

If they are in TN, things can get touchy when the "occupier" is related. The Certified Letter stating her intent that she wants him out will help her no matter what path she takes.

I don't disagree, but if there is a quicker way of getting him out, then it worth exploring. That's why I suggested an attorney.