My 22 yearold is verbally abusive to me and in front of my 5 yearold son.he's not on the lease and he won't stop or leave.what are my options

What state are you in?

It's a very tought situation... I am the youngest child in my home and I have witnessed a similar thing when I was 10 or 11 years... and I don't know about the solution but one thing I can say from my experience is that if your older son is physically or verbally abusive to your five old child then it is going to affect him in worst ways.. even if he is just a spectator its not good in any way... he will just grow up to hate him in every aspect as well as not feel any attachment towards family bonding or family love... please seek some help and get the situation in control... I hope for the best for you

You give him notice to vacate and follow-up that up with going to court for an eviction order.

Check your local laws for the eviction process

You give him notice to vacate and followup that up with going to court for an eviction order.

Check your local laws for the eviction process

We live in South Carolina... police have been here once.. he's not abusing younger son persay even though the verbal abuse in front of my youngest is not healthy. I cannot take much more.the jealousy from my oldest to the know it all syndrome to the plain out disregard for all I did for him at a young age to keep him safe.. I don't get it.. I just want his disrespectful the world owes me everything behind out of here.

If he isn't on the lease you should be able to have him taken of the property. Is he living there or just visiting? My parents own several rental properties so I know a little about it.

I do not know South Carolina law, but in the state I am in, you have to give an eviction notice first. Good online and read the rules to evict and follow them. You can also go to the courthouse to get information. They will tell you exactly what to do there.

If he isnt on the lease you should be able to have him taken of the property. Is he living there or just visiting? My parents own several rental properties so i know a little about it.

Define "taken of the property". Unless there is physical abuse, I doubt if he can just be removed.


We live in south carolina...police have been here once..he's not abusing younger son persay even though the verbal abuse in front of my youngest is not healthy. I cannot take much more.the jealousy from my oldest to the know it all syndrome to the plain out disregard for all I did for him at a young age to keep him safe..I don't get it..I just want his disrespectful the world owes me everything behind out of here.

SC law says you have to give him 30 days written notice to vacate. If he still refuses to leave, then you have to go to court for an eviction order.
http://www.evictionresources.com/eviction_process_articles/south_carolina_eviction_process.html

Define "taken of the property". Unless there is physical abuse, I doubt if he can just be reSC law says you have to give him 30 days written notice to vacate. If he still refuses to leave, then you have to go to court for an eviction order.
http://www.evictionresources.com/eviction_process_articles/south_carolina_eviction_process.html

If so, then it is the same as my state. You must give him the notice. Go online for the rules about "exactly" what it is required to state in the letter. You type it, you are not required to spend any money in a court at this point.

I recommend to send it certified mail. Also in our state you are required to post it on the door, or in your case, you could post it on the inside of his bedroom door.

We did this with a young adult child we did not really want to evict. We just wanted certain behaviors to change, or we had no choice but to evict. This got their attention BIG TIME. There was immediate change. Had there not been change we would have then filed the notice with the court and it was going to cost about $80 I think.

Something else we did was after posting the eviction, we sat down and discussed behavior. We all signed a written contract with step by step guidelines on which behaviors needed correcting and the intended outcome if they were not. This way there was no question later. It was all in writing and we could all look back at it.

We loved our child and didn't want to evict. But WE had to be in control of our own house. So I understand what you are going through. Good luck and I hope my situation can give you guidance for perhaps how you might best handle yours.

...
I recommend to send it certified mail. Also in our state you are required to post it on the door, or in your case, you could post it on the inside of his bedroom door.
...

I don't know if that works in your state, but it doesn't appear to be sufficient in South Carolina:


"EJECTMENT OF TENANTS

SECTION 27-37-10. Grounds for ejectment of tenant.

(A) The tenant may be ejected upon application of the landlord or his agent when (1) the tenant fails or refuses to pay the rent when due or when demanded, (2) the term of tenancy or occupancy has ended, or (3) the terms or conditions of the lease have been violated.

(B) For residential rental agreements, nonpayment of rent within five days of the date due constitutes legal notice to the tenant that the landlord has the right to begin ejectment proceedings under this chapter if a written rental agreement specifies in bold conspicuous type that nonpayment of rent constitutes such notice. This requirement is satisfied if the written rental agreement contains the notice specified in Section 27-40-710(B).

SECTION 27-37-20. Ejectment proceedings.

Any tenant may be ejected in the following manner, to wit: Upon application by the landlord or his agent or attorney any magistrate having jurisdiction shall issue a written rule requiring the tenant forthwith to vacate the premises occupied by him or to show cause why he should not be ejected before the magistrate within ten days after service of a copy of such rule upon the tenant.

SECTION 27-37-30. Service of rule; posting and mailing requirements.

(A) The copy of the rule provided for in Section 27-37-20 may be served in the same manner as is provided by law for the service of the summons in actions pending in the court of common pleas or magistrates courts of this State. The methods of service described in subsections (B) and (C) may be used as alternatives to the method of service described in this subsection.

(B) When no person can be found in possession of the premises, and the premises have remained abandoned, as defined in Section 27-40-730 for residential rental agreements and in Section 27-35-150 for nonresidential rental agreements, for a period of fifteen days or more immediately before the date of service, the copy of the rule may be served by leaving it affixed to the most conspicuous part of the premises.
..." CHAPTER 37 - EJECTMENT OF TENANTS - South Carolina Statutes (http://statutes.laws.com/south-carolina/title-27/chapter-37)

Granted, the quoted statute pertains to service of process after a landlord has gone to court, but it's probably similar.

It is best to simply hand deliver a notice to quit to the "tenant". That way there can be no question that he received it.

Here is the pertinent language in the case of a month to month "tenancy at will":


"SECTION 27-40-770. Periodic tenancy; holdover remedies.

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.

(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days before the termination date specified in the notice.

(c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. If the holdover is not in good faith, the landlord may recover reasonable attorney's fees. If the tenant's holdover is a wilful violation of the provisions of this chapter or the rental agreement, the landlord may also recover an amount not more than three months periodic rent or twice the actual damages sustained by him, whichever is greater and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, Section 27-40-310(d) applies.
..."

Unlike others on this forum, however, I am not of the opinion that an unwanted guest must be brought to court to get him evicted. In South Carolina, particularly, the definition of the term "tenant" does not include such a person:


"SECTION 27-40-210. General definitions.

Subject to additional definitions contained in subsequent articles of this chapter which apply to specific articles or parts of this chapter, and unless the context otherwise requires, in this chapter:

...
(15) "tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others;
..."