Legal Question in Family Law in Mississippi

Unwanted live in relatives

I have a step daughter and her boyfriend who are living with her mother and I. Do I have any legal recourse as far as trying to get them out of the house? Can I give them notice and evict them at some future date, change the locks, have their belongings removed etc.? They are causing great stress both emotionally and financially and I need to get them to leave as quickly as possible. Her mother will not take any steps, so it is left up to me to proceed. Please advise what I can do to get them out and so they can't come back?


Asked on 2/11/05, 10:33 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Unwanted live in relatives

It depends on the agreement that was made when they moved in. They could be licensees or tenants. A tenant has property interest and a licensee is one who enters the property for his own purpose with the occupier's consent. State law requires notice and legal process to remove a tenant. A licensee need only receive notice that the permission to be on the property has been withdrawn. The conservative action would be to treat them as tenants-at-will and go through the justice court to have them evicted. However, your wife can thwart that by allowing them to use the property if she is a joint occupier with you. Until you get your wife's agreement, I don't think it would be useful to pursue court action against her daughter and son-in-law. This leaves you with requesting and persuading that they leave.

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Answered on 2/11/05, 11:28 am


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