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-   -   Brother must go! (https://www.askmehelpdesk.com/showthread.php?t=139690)

  • Oct 11, 2007, 02:08 PM
    LAWTIME
    Brother must go!
    My mom and dad live in Phoenix they own a house in Romeoville,Illinois.My brother lives there, they want my brother out of house he does not or has ever paid rent,he has lived there for about 5 yrs.My mom gave him 6700 to fix siding and other things,money is gone and house is missing back siding.He is very much addicted to drugs he has a 5yr. Old child,and he lives there with his girlfriend the mother of his child and she has two girls that come over every other week.My parents are up in age and I was asked to get him out of house and try to sell the house.And my mom says because of the utilities being turn off and then turned back on because of very late utility payments which my mom pays,she had his name put on the title so he has some authority to get the utilities put back on.So it would be easy to deal with turning on and off because of where my parents live,very fishy if you ask me.He is not on the deed though. What should be my next step? Thank You LAWTIME He needs to be kicked out
  • Oct 11, 2007, 02:20 PM
    shygrneyzs
    She has his name on the title, then the house is his. Your Mom and Dad can sue him for the money they gave for the siding but I do not see how he can be evicted. His name is on the title. Who pays the taxes and insurance? Why does your Mom pay one bit of anything for your brother? The example being the utilities.

    Do you know for absolutely positively 100% that his name is on that legal deed? Check your register of deeds or title company.
  • Oct 11, 2007, 02:29 PM
    albear
    Go and give him a brotherly talk, failing that threaten him (brotherly threaten) is he the type to turn in his own brother
  • Oct 11, 2007, 04:04 PM
    LAWTIME
    Quote:
    Originally Posted by shygrneyzs
    She has his name on the title, then the house is his. Your Mom and Dad can sue him for the money they gave for the siding but I do not see how he can be evicted. His name is on the title. Who pays the taxes and insurance? Why does your Mom pay one bit of anything for your brother? The example being the utilities.

    Do you know for absolutely positively 100% that his name is on that legal deed? Check your register of deeds or title company.
    No he does not have any ownership he can not sell house,my mom just gave him the right to change what ever needs to be meet for the codes in town and he can get the utilities turn on and what ever is neede to get done per town codes,so my parents do not have to come up from Arizona for any small things involving house.iI just want to know if he does not pay rent ever that he is only a guest or will he have to be evicted
  • Oct 11, 2007, 05:54 PM
    shygrneyzs
    If he has no ownership, then what is with the following statement, "she had his name put on the title..." But you say his name is not on the deed. Then your parents can evict him with a thirty day notice. If is not paying rent, it can be a 72 hour notice of eviction, delivered by the sheriff. He can be evicted for non payment of rent and for not fixing the siding with the money she sent to him.

    But check your local laws. I know here, in ND, a person can receive a 72 hour notice of eviction for non payment of rent.
  • Oct 11, 2007, 07:19 PM
    LAWTIME
    Quote:
    Originally Posted by shygrneyzs
    If he has no ownership, then what is with the following statement, "she had his name put on the title..." But you say his name is not on the deed. Then your parents can evict him with a thirty day notice. If is not paying rent, it can be a 72 hour notice of eviction, delivered by the sheriff. He can be evicted for non payment of rent and for not fixing the siding with the money she sent to him.

    But check your local laws. I know here, in ND, a person can receive a 72 hour notice of eviction for non payment of rent.
    Thank You I will check out state laws-in time I will tell you what came out of it.Thanks again.
  • Oct 12, 2008, 11:17 PM
    mishelly3

    I think first your family should get together and pull and intervention on him and get him to treatment and inforce your descions you make toward him no family needs to live like that.Work with all your family members and may be find and interventionist and get him help that what he really needs and everything else will fall in place...
  • Oct 13, 2008, 06:32 AM
    rockinmommy
    OK. There's a "sticky" at the top of this forum with a link to each state's landlord / tenant laws.

    Your statement that his name was put on the title, but not the deed, and then coming back stating that he has no ownership in the property is a little confusing. Before an eviction is started it needs to be determined exactly what his name is on.

    Assuming he has NO ownership in the property he can be evicted. They can either give him a 30 day notice to terminate his month-to-month tenancy and then evict when he doesn't leave. Or they can give him a "pay or vacate" notice and go that route.

    Someone is going to have to go there to keep this process moving. Your parents will need to call the Justice of the Peace or Magistrate for the precinct where the property is located and find out if your parents must do it themselves or if they can have an agent act on their behalf. The initial notice can be sent to your brother in the mail (if the law allows). The recommendation is to send one regular mail and another by certified mail, return receipt requested, and obviously they need to keep a copy for their records. If he doesn't leave then someone has to go to the court to file the eviction suit, and then someone will have to appear. Usually the trial will be set for a couple of weeks after the filing, but it varies by state.

    I would think someone is going to have to be there off and on for several weeks. AND to make sure that he doesn't just move back in once the eviction is complete. There would be no one to stop him or turn him in if he does. Once the eviction is done no one keeps checking up on the property.
  • Oct 13, 2008, 08:32 AM
    JudyKayTee
    Quote:
    Originally Posted by mishelly3 View Post
    I think first your family should get together and pull and intervention on him and get him to treatment and inforce your descions you make toward him no family needs to live like that.Work with all your family members and may be find and interventionist and get him help that wht he really needs and everything else will fall in place...


    Again, this is the legal board - please only give LEGAL advice. (Also, you have opened an old thread.)
  • Oct 20, 2008, 03:48 PM
    azdeb5
    How do you find out if your name is on the title of a house ? My mom said that she had put me on there, but I just need to find out for sure if it is or not.

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