April 3, 2017 at 6:25 pm #3616
Property is mine and my wifes. Her parents have lived and are living in the dwelling currently. No paperwork, lease, nothing. They are just allowed to live there.
They recently moved my wifes older outlaw POS brother in with them. Her mother has recently had a couple strokes and is not right mentally any longer. The brother and mother in law kicked out my father in law and threatened bodily harm if he comes back.
Tomorrow we are calling the SO to meet us to retrieve my father in laws clothes and truck (in his name only). My father in law also has power of attorney over mother in law. We plan to have her picked up and taken to hospital for psych eval and attempt to get her into long term care as she no longer takes care of herself.
My question is…how tough will it be to get the son, my wifes POS brother, out of this house…out of MY house?
April 3, 2017 at 8:19 pm #3617
He does have that address on his license. I am thinking I will be required to go through the eviction process…
April 6, 2017 at 1:27 pm #3622
In general terms, if someone is occupying property with permission, then an eviction would be necessary.
In any event, even if an eviction was not strictly necessary, by going the eviction route you have the force of law behind you and much less chance of some sort of counter-suit.
April 6, 2017 at 1:41 pm #3623
The said person has been picked up and held on a psych hold for evaluation after threatening to kill my father in law. Must I wait until he is back at the house to serve him the eviction papers or can it be done at the hospital where he is?
I have a good friend who is a notary that just said she can help with the eviction notice… Is it safe to assume the procedure is the same when their is no lease and the person is not on the lease as it is when there is a lease?
April 12, 2017 at 5:48 pm #3643
Well, he has been discharged and has gone back to the property. I have spoken with the Justice of Peace and based on her info, I will be handing him a 5 day eviction notice this evening. Hopefully he abides and leaves, if not, I will be taking legal action via the Justice of Peace.
Do I need proof he got this notice? All the info I find says I do not…I cannot get a hold of the JOP to ask her.
April 12, 2017 at 6:01 pm #3644
Although you do not need proof as such that notice was given, it is best that you have someone witness that you delivered the notice or posted the notice on the front door.
If you do not have “proof” of some sort, then it is just your word against his that notice ever was given. Having a witness can also take care of any issues as to the date the notice was given. Just have someone go with you.
April 13, 2017 at 6:33 am #3645
I video’d it using my cell phone…
April 13, 2017 at 9:32 am #3646
Clever. That should work.
April 14, 2017 at 10:35 pm #3647
To my disbelief, he was begging neighbors for a ride back to town to get a hotel that same night. He found a ride the next day and is now gone…hopefully he stays gone!
If is is still out at the end of the 5 day period, am I correct in assuming he has vacated and cannot return?
June 13, 2017 at 9:48 am #3682
If he left things behind…you must get a right of possession of his things..it covers you incase he comes back and wants monetary payment for any clothes etc…
June 14, 2017 at 10:27 am #3688
Yes that is generally true. However, if the property is “abandoned” then no further action is needed. Court cases have ruled that property can be substantially abandoned where there is stuff left behind, but stuff that can be assumed abandoned because it is not essential or of intrinsic value.
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