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Sleepypooka · Feb 14, 2008, 05:58 PM

We need to get my brother and his wife and 2 kids out of my mother’s home. He is 28, she is 24 and the kids are 4 & 5. My mother begrudgingly allowed them to stay with her “temporarily” (it was supposed to be for a month) while they looked for a new apartment and they have refused to make any attempts to find another residence. It has been a year. Not only have they trashed the house during that time, but they have refused to contribute financially. He has a job and has supported them on his own before… and makes more now than he did then. He instead, spends his money on whatever he wants to including $400 worth of alcohol a month. The wife is perpetually drunk and refused to get a job insisting they can’t afford child care… so instead the kids run wild through the house destroying things.

No matter how much she bugs them about moving out, they have made it pretty clear that they have no intention and want to take the house from her along with every cent she has… they actually told her she was being selfish for wanting them out. Her stress level is through the roof and she is very depressed. She can’t bring food into her own home, she doesn’t feel safe there, she avoids her own home. It is really sad.

The only way we figure we are going to get them out is to move all there stuff to a storage unit and change the locks, but with two kids we aren’t sure if we can do that. Is that legal?

Fr_Chuck · Feb 14, 2008, 06:25 PM

No she gives them an official written notice to move. Then she files in court for a formal eviction, then the sheriff comes out and watches as you hual their stuff to the curb.

If you had did it, after 6 weeks, most likely you could have locked them out, butyou have allowed them to estabish a residence and now you have to do it though the courts now

Sleepypooka · Feb 14, 2008, 07:17 PM

Originally Posted by Fr_Chuck

No she gives them an official written notice to move. then she files in court for a formal eviction, then the sheriff comes out and watches as you hual thier stuff to the curb.

If you had did it, after 6 weeks, most likely you could have locked them out, butyou have allowed them to estabish a residence and now you have to do it though the courts now

How would you give an "official" written notice?

Sleepypooka · Feb 14, 2008, 07:30 PM

The problem with that is that the court system is so backed up in Houston she'll never get rid of them. She needs to sell the house and can't even put it up on the market with them there because they won't clean there horrible mess and are so drunk all the time… not to mention the terrible kids.

What can be done?? She can't afford the house much less to support a family of 4 on top of her own bills which are mounting thanks to them. My mother is afraid of him at this point because of his violent temper and the wife was put away for observation for throwing knives... she was required to go to AA by CPS, but refuses to go. I actually fear for my mother's life at this point and she feels like she is being forced out of her own home.

Fr_Chuck · Feb 14, 2008, 07:33 PM

It may depend on your state law, certified mail giaves you proof it was sent, * if they refuse to sign for it, then you still hve proof it was sent but refused** You can pay a process server to serve them official notice.
You can hand it to them with a witness to the delivery.

In TN I was allowed to merely tape it to their front door if they were not home. Now if and when you go to court, they have to be served by the process server of the official court date.

glennis5 · Jul 5, 2010, 07:47 PM

This may be a solution that is not acceptable in some peoples eyes, but here goes. If no one is able to take a stand with this poor woman against her low life abusive "children" then have the mother move out and get another place. Perhaps on the other side of town or even another town. Then when the bank forcloses on the property, they have no choice but to get moving on their own. Always remember to tell the abusers that it is their behavior and actions that has led to this. This woman's hand was dealt to her by these people and no one else. Drastic times call for drastic measures. Just something to think about. ENOUGH IS ENOUGH!

Synnen · Jul 6, 2010, 10:27 AM

Originally Posted by glennis5

This may be a solution that is not acceptable in some peoples eyes, but here goes. If no one is able to take a stand with this poor woman against her low life abusive "children" then have the mother move out and get another place. Perhaps on the other side of town or even another town. Then when the bank forcloses on the property, they have no choice but to get moving on thier own. Always remember to tell the abusers that it is their behavior and actions that has led to this. This womans hand was dealt to her by these people and no one else. Drastic times call for drastic measures. Just something to think about. ENOUGH IS ENOUGH!!

1. This thread is TWO YEARS OLD. Please watch dates when responding.
2. You obviously didn't read the WHOLE thread. The mother didn't have the money to move out to another place.
3. Putting yourself into foreclosure just to evict someone is pretty drastic.
4. Your advice is COMPLETELY not legally sound. You need to make sure you are responding with LEGAL advice on the legal boards--not just moral outrage.

THREAD CLOSED