View Full Version : Evict a family member that is not on the lease
chefjulie1006
Jul 17, 2012, 01:08 PM
My brother is living with me and my familly and he's not on the lease but he pays some rent but he is a very violent person and I want him out I have already told him to leave on sevral occasions but today he kicked down my door and I called the police but it wasn't till today that I found out I can evict him but I don't know how to even go through the process! Help someone ASAP
ScottGem
Jul 17, 2012, 01:13 PM
Check with your local housing court for the process. Since you didn't tell us where you are we can't tell you what the process is.
However, why not ask a court to issue an restraining order if there is a domestic violence case. That will get him out quicker.
timothy101101
Jul 17, 2012, 01:20 PM
My advise and I hope you take it for your own safety as he sounds verry violent is.
Wait until he goes out and the call the police tell them about the violence and that you are kicking him out and he may kick off and you don't feel safe so you need them there for help.
Next lock all doors and windows and pack his bags and leave them out side.
When he comes back you can explain yourself to him with the police there to back you up and tell him he has to go and can't come back.
p.s please don't let him come back after he has calm down as he is violent and that is never a good sighn for the future as it normaly only gets worse.
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AK lawyer
Jul 17, 2012, 04:57 PM
Timothy, I will not be surprised if other members quickly jump all over you on this. They will say that the brother is a tenant and, as such, has a right to not be ousted absent a court order, and that he could sue OP for damages.
ScottGem
Jul 17, 2012, 05:05 PM
wait untill he goes out and the call the police tell them about the violence and that you are kicking him out and he may kick off and you dont feel safe so you need them there for help.
You've been told before that we take pride in the quality of the advice we give here and your advice was not very good.
First the OP ALREADY called the police so there is a record of the violence. Second, since the OP may have let the brother back in the house he can't call the police after the fact. He can try to get a restraining order as I suggested. But without a court order he can't lock the brother out or put out his belongings. This could open him up for a law suit.
If you are going to give advice here make sure its accurate.