Should I have my brother sign an agreement?

[Tilt311]

Tennessee

My brother and his girlfriend have been staying the night at our house for the past few nights and are trying to find jobs and get their own place. I already told him he isn't living here but can spend a few nights. He has always been very sneaky with my dad and on several occasions has talked about how he can't legally kick him out and such. I don't want him to pull anything like that over on us so my question is: should I write up an agreement and have it signed and notarized stating that he is only temporarily staying as a guest and that I can have him leave any time I feel necessary? Thank you in advance.

 

[Just Blue]

Tennessee

My brother and his girlfriend have been staying the night at our house for the past few nights and are trying to find jobs and get their own place. I already told him he isn't living here but can spend a few nights. He has always been very sneaky with my dad and on several occasions has talked about how he can't legally kick him out and such. I don't want him to pull anything like that over on us so my question is: should I write up an agreement and have it signed and notarized stating that he is only temporarily staying as a guest and that I can have him leave any time I feel necessary? Thank you in advance.

Quick question...If your brother was "sneaky" with Dad...Why did you allow him and GF to move in?

 

[Tilt311]

Quick question...If your brother was "sneaky" with Dad...Why did you allow him and GF to move in?

Because I'm a big hearted moron however I didn't allow them to move in. I already told him he was not.

 

[adjusterjack]

should I write up an agreement and have it signed and notarized stating that he is only temporarily staying as a guest and that I can have him leave any time I feel necessary?

Sure. You can write it up. You can ask him to sign it. But if he's so sneaky what makes you think he will sign it?

 

[Just Blue]

Because I'm a big hearted moron however I didn't allow them to move in. I already told him he was not.

You let them spend the night...They moved in.

BTW...There are worst things than being a big hearted moron.

 

[reenzz]

Say he did sign it and still refused to move out. What would your plan be then?

 

[LdiJ]

Say he did sign it and still refused to move out. What would your plan be then?

The same thing that it would be if he didn't sign it. You would have to go through the eviction process.

 

[Zigner]

The same thing that it would be if he didn't sign it. You would have to go through the eviction process.

If a tenancy is not established, then an eviction is not required.

https://law.justia.com/codes/tennessee/2010/title-66/chapter-7/66-7-109

Research it a bit.

 

[LdiJ]

If a tenancy is not established, then an eviction is not required.

https://law.justia.com/codes/tennessee/2010/title-66/chapter-7/66-7-109

Research it a bit.

Explain to him how to use that code to force the family member to leave. To physically force the family member to take his stuff and get out of the house.

 

[Zigner]

Explain to him how to use that code to force the family member to leave. To physically force the family member to take his stuff and get out of the house.

The police, if following the law, will assist. If they do not, then he may wish to hire an attorney. In either case, your advice was (gasp), wrong. Research it, retract it, then proceed. It happens to everyone, but most are gracious about admitting mistakes.

 

[LdiJ]

The police, if following the law, will assist. If they do not, then he may wish to hire an attorney. In either case, your advice was (gasp), wrong. Research it, retract it, then proceed. It happens to everyone, but most are gracious about admitting mistakes.

You know that the police will not assist with that. They will say that its a civil matter and you have to evict him. In the end, if he refuses to leave the OP will have to evict him in order to get the assistance of law enforcement.

 

[Zigner]

You know that the police will not assist with that. They will say that its a civil matter and you have to evict him. In the end, if he refuses to leave the OP will have to evict him in order to get the assistance of law enforcement.

I don't know that, nor do you. It's sad that I did expect this reply from you.