Does a family member have tenant rights if they have been sleeping in your home?

[nkptny]

After being evicted from his apartment, my brother began sleeping in my sister's house with her permission to stay temporarily. She now wants him out, along with all his stuff. He is not leaving with her asking nicely or demanding that he leave. He has some mental health issues, although he does not admit to them/agree to treatment. My parents, one of whom is ill live in a separate apt in the same house- but have no ownership in the house: when my sister has company, they will often stay in my parents' apartment, but the apartment is viewed as "theirs," but with free access by all of my sister's kids. My brother has been sleeping in my sister's apartment, but she would prefer to have him completely off the premises (i.e. not in her apt or my parents' apt). My parents do not have a lease, and do not pay rent to my sister, but would be unlikely to have the fortitude to kick him out of their apartment even if my sister does not want him there. My sister would not remove my parents from the premises regardless of what they do.

How long does my brother have to have been sleeping in my sister's house to have tenant rights? (He has no lease, and has never paid rent: he was there by invitation, with knowledge that it was never meant to be permanent). What restrictions does my sister (the homeowner) have upon her to prevent her from removing his belongings from the premises? What would be required to have him removed? Under what conditions does one transition from "guest" to "tenant" status? Do verbal threats (made by him?) affect the situation? Do the threats have to be of physical harm, or do general threats count? What rights does my sister have to limit who may live/stay in my parents' apartment in her house?

Thanks in advance.

 

[mightymoose]

"Temporary" is a very flexible term. Was there a specific length of time given? Two weeks? A month? How long has it actually been?
The longer he is there, the more he establishes it as his residence, whether paying or not.
If it is not already there, it will get to a point that she will have to evict him.
If he is mentally ill then you may be able to get him admitted to the hospital... once he is out, serve a restraining order on him and don't allow him back in.