Antioch, TN asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee

Q: My brother moved in to my home with out my permission and refuses to leave. How do I get him out quickly?

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: two options- call the police and ask them to remove ( or arrest) the individual for trespassing ( if you haven't already done so, before calling the police, tell your brother of these intentions so he can't say he wasn't warned).

If that doesn't work, you have to file a "detainer warrant" - this is the process for eviction for renters who fail to pay their rent,etc. Technically speaking, he is not a renter, he is a guest, and you can kick guests out whenever you are ready for them to go, but oftentimes, the police don't/won't know the difference so they will just tell you to follow the eviction process to get them out. Again, before filing the eviction case, you should give him a written notice that your are terminating his occupancy of the premises.

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