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How do I evict a caregiver after the charge died?

Tigard, OR |

I'm the personal representative of an estate. The cousin moved in to care for this person in his final illness and now does not want to leave. [1] What is the status of this person in relation to the property? [2] Does it matter that he's related to the deceased? [3] What statutes apply? [4] How can an eviction be carried out? [5] What length of time is required?

Attorney Answers 3

  1. 1. A tenant at sufferance.
    2. No.
    3. Landlord/tenant.
    4. As you would any tenant who refuses to move. Instructions and forms are at the eviction court.
    5. In Texas, the process usually takes about a month, unless an appeal is filed by the tenant - then a little longer. Here is a link that might be helpful.
    You may want a local lawyer to assist you with this, but unfortunately I have had to do this more than once - caregivers tend to get an "ownership" mindset after they have lived with the decedent for a period of time. Sorry for your loss.

    Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.

  2. The question is whether this cousin qualifies as a "tenant." If they do, they have many different rights and kicking them out may not be so easy. If they were only an employee of the owner, whose occupancy of the house was contingent upon their employment at the house, then getting them out may be much easier.

    Don't do this alone - get a good landlord-tenant lawyer to help you.

    Troy Pickard
    Portland Defender
    1001 Southwest 5th Avenue #1100
    Portland, OR 97204
    (503) 592-0606

    AVVO 10.0/10.0 perfect rating
    One of Portland's top landlord-tenant lawyers

  3. The first question I'd have in response is whether there is an obligation to pay rent and whether that's being met. If there's unpaid rent, your fastest and easiest path to getting the home back would be to evict the cousin on those grounds.

    Either way, it would be well worth your while to consult with an attorney before proceeding.

    Licensed in Oregon. Advice provided is general legal information relevant to the facts provided. It is not intended as legal advice applicable to your specific situation. No attorney/client relationship is created unless and until we have met and entered into a written representation agreement. Contact me at 541-250-0542 to discuss your matter further.

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