Removing someone from property

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  • #3616

    bassadict69
    Participant

    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?

  • #3617

    bassadict69
    Participant

    He does have that address on his license. I am thinking I will be required to go through the eviction process…

  • #3622

    Lex
    Keymaster

    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.

  • #3623

    bassadict69
    Participant

    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?

  • #3643

    bassadict69
    Participant

    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.

  • #3644

    Lex
    Keymaster

    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.

  • #3645

    bassadict69
    Participant

    I video’d it using my cell phone…

  • #3646

    Lex
    Keymaster

    Clever. That should work.

  • #3647

    bassadict69
    Participant

    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?

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