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He's been living with me for a while, but has never paid the mortgage. He does pay some utilities, but now is refusing to leave. He is verbally abusive and has made threats. I fear that he will harm me physically, but has not yet. I tried to get a TPO and was denied because there is not physical abuse, just verbal. How can I evict him?
Check with your local police. I think that if he isn't contributing to the mortgage and his name isn't on anything, he has no legal right to be there and they will force him to leave.
Quote:
Originally Posted by pdaher
This is most definitely not a matter for the Police - this is an eviction procedure (he lives with her). If you get a restraining order, then the Judge may order him out or may grant the restraining order followed by an eviction.
You can move to evict him simply because you don't want him there.
The Police will not force him to leave because it is not their job to determine what the legality of the situation is.
These are difficult situations and often complicated.
{Moderator's note: Comments here were posted by immature individuals upset over moderators actions against a friend. These members have been banned-<>}
I suggested calling the police, because that's how I got rid of similar loser from my house. The came to the house, asked him to leave and when he refused, they arrested him for trespassing. It's worth calling and asking anyway. Attorney's can get very expensive and really can't to anything you can't do yourself. I worked in the legal system for 24 years and am not a big fan of attorneys.
That's actually very unusual and I would suspect there were different circumstance. In the vast majority of the cases, the police won't even come. If they do and the person refuses to leave, they won't force him. As long as he can prove he is a resident it becomes a civil matter and the police can't get involved.Quote:
Originally Posted by pdaher
The best course is to follow the formal eviction process.
Just change the locks and put his stuff outside. Then if he comes back you can call the police. This really doesn't sound like a very complicated situation. You're not married and his name is not on the mortgage so he has no legal right to be there.
This is the law forum and our answers have to conform to the law. Changing the locks on a legal resident, which this person is because he has established residency, can be considered an unlawful eviction and could get her sued.Quote:
Originally Posted by pdaher
Please don't give advice if you don't know the law.
ScottGem is correct. It is a civil matter, I'm having to go through the long process of getting him evicted through the court system. The police will not get involved unless he gets physical or verbally abusive in front of the kids. And yes; if I change the locks, he can sue me for damages. It's really crazy how the laws are not pro active. I have to get physically abused before they will give me a protective order. Wish me luck, I have started the eviction process.
Quote:
Originally Posted by pdaher
I have a problem with your answers - and this is not the first time.
You are consistently incorrect - two days ago you thought the Secretary of State in NYC handles drivers license matters in NYS. First, it's the DMV and second, the capital of NYS is Albany. It was another "I know somebody who - " answer.
I am not picking on you but you recommended that someone go to Legal Aid (which you misspelled) for assistance with a criminal legal problem - and Legal Aid does not handle criminal matters.
Once you say you spent 24 years working in the legal system you are assumed to have some sort of legal expertise in something - what did you do in the system for 24 years?
Your advice is going to get somebody in big trouble - !
Sorry, I didn't mean to offend you or anyone else. I'm speaking from my own tragic experiences. Are you an attorney? It's her house, her mortgage and her space that she allowed him to share for a while. She has every right to force him out and should not have to wait until he physically abuses her to get some help. She should call the local court and inquire about eviction proceedings or call an attorney. Usually, first time consultations are free.
Quote:
Originally Posted by pdaher
No offense - so what did you do in the system for 24 years?
EDIT - I should have said no PERSONAL offense taken. Not trying to step on the job of the moderators.
I agree, she should not have to wait until he attacks her to get him out. However, what we agree on does NOT follow the law. As I said earlier this is a law forum and out answers have to conform to the law.Quote:
Originally Posted by pdaher
The law states that a person who establishes residency for a period cannot just be put on the street. If a place is that person's legal residence (they get mail there, their clothes are there, etc.) then they have a right to live there until legally evicted. So you are wrong in saying "She has every right to force him out". But she does have the right to follow the law and legally evict him if he does not fulfill his end of the tenant relationship.
We take pride in the accuracy of the advice handed out here. As such, we do take offense when someone posts bad advice.
I worked for the Federal Courts. We handled civil, criminal and bankruptcy cases. I'm not an attorney and I'm certainly no expert on law. I just wanted to share some information from my own experiences to try and help. Federal laws are different than State laws and so are local county and municipal court laws. All can be researched online and through law libraries. Again, I apologize for trying to give out legal advice. That was never allowed when I worked for the courts and I should have known better than to try it here. I certainly don't want to get anyone in trouble, but someone shouldn't take adviice from an online forum without also getting a professional opinion to back it up.Quote:
Originally Posted by JudyKayTee
You're right about NYC and NYS, but in MI it is the Secretary of State and not the DMV.
Quote:
Originally Posted by pdaher
I think you missed my point entirely. It's not about getting a professional opinion to back anything up. It's about researching and verifying the info before anyone attempts to answer.
When you say you "handled" cases what exactly did you do?
I believe the preferred answer still is not to just post a site. The person answering does the research, posts the answer and then posts the site (if there is a need).
Many people have no idea how or where to research and the legal language is often difficult to understand. People have posted and had no idea if they are the Plaintiff or the Defendant.
Well, being a retired cop as well as a victim of DV from my ex, I stand by the calling the police and reporting domestic violence. If she feels unsafe and is honestly in fear of him, she has a right to call them, especially when there are kids in the home. The abuse does not have to be physical to be abuse, especially since verbal more-likely-than-not, leads to physical.
Also, if he calls you while you two are having an argument at the time, or you know he will be abusive during the call, have the answering machine pick it up. Anything he says can then be offered towards evidence of his threatening, menacing and abusive behavior because messages left on answering machinces/voice mail are left with the knowledge that they are being recorded. I find it hard to believe a judge would deny a TRO or RO when a plaintiff is in fear for the safety of themselves or others, espcially if children are involved, that is not in their best interest. CHildren should not be forced to live in an abusive household and if this guy is abusive towards you and your kids, or even if just to you but in a manner that your kids can see and/or hear it the judge needs to know this, so do the police. Plus, does the father of your children know what is going on? He could see this situation not to be in the best interest of the children and take you to court for get custody of them if they remain in a hostile and abusive living situation. You need to redo those TRo papers correctly and you need to do it NOW.
It is sad thought that he is not man enough to just do the right thing and move out. I know a few people who carefully and neatly packed up the person they wanted out of their life's stuff and placed it in a safe out of the home area and changed the locks, and informed the person of the location of their propertyand the event of being removed from the home with no legal repercussions. Sometimes it takes that for a person to realize they need to move out and grow up... But the law has no shades of grey, does it...
Still, If this guy in not on any lease or utility bill, how can he prove he actually has a legal right to be there ? Anyone can get any address they want on their Dl and have their mail sent anywhere. People have their mail sent to friends homes sometimes too, just cos thye have mail sent to an address does not mean they necessarily live there...
If nothing else, go get a three day notice and paste it to his forehead.. hahaha kidding. But I would get a three day notice and have it legally served on him. You can get anyone who is not a minor and not party to the situation to serve him. Once you have that, the process can start legally.
3-Day Notice to Quit
This kind of notice is used if there have been ongoing problems with the tenant who:
Causes or allows a "nuisance" on the property,
Uses the property to do something illegal (like sell drugs),
Threatens the health and safety of other tenants or the general public, or
Commits waste that lowers the value of the property significantly.
The notice must:
Be in writing,
Say the full name of the tenant or tenants,
Have the address the notice is about,
Say everything that the tenant did to break the lease or deserve a 3 day notice to leave, and include details and dates,
Say clearly that the tenant has to move out as soon as the 3 days are up, and
Have the landlord's signature and date of the notice. (poster, you are the landlord as he is technically subletting with you but not paying and rents)
It is perplexing, especially to the OP. You should at the least go to a family law clinic help as well as a Unlawful Detainer clinic
Also, I do not know what sate you are in, but this a good link to get the how to's in California. Maybe your state has something similar.Quote:
Originally Posted by motherof4ga
California Courts: Self-Help Center: More Topics: Landlord/Tenant: Questions & Answers: Eviction Questions & Answers: A Guide for Tenants
[QUOTE=Cailleac Bhuer agrees: I think it is sad you all have turned from the original poster and not actually answered her question, but instead are picking on one-another, all of whom originally were just trying to help the OP out....[/QUOTE]
Your PM-ing is disabled so there is no choice but to carry this conversation on on the Board. And, no, I'm not furnishing you with my email address.
I've been as polite to you as I can be. You are posting based on your (exactly) 28 posts, several of which have been pulled for one reason or another. You have absolutely no idea who the malcontents are and who the malcontents are not, who has been suspended for attitude or language, you are not aware of the discrepancies from post to post. You continue to demand explanations and are downright rude and insulting to the moderators - I personally don't think that's the way to win friends and influence people but apparently you do. You have no basis to judge anyone.
So, in a nutshell, here's what I think is sad:
You have consistently opened old posts, very old posts, in order to carry on your agenda, which appears to be to cause conflict and to argue with other people; you don't stay on topic; your personal experience in life unless it's on point has no place here.
This is not a message board. This is not a relationship, "what would you do board" - and no disrespect to those moderators and experts who do a very fine job under some very trying circumstances in a category where there ARE no definitive answers.
This is a legal board. It's either the law OR it's not.
You have been rude and insulting and flippant. You are extremely self serving, as witnessed by your profile.
You have used the document feature in revenge.
There are disagreements on the board all the time - people don't see things the same way, people interpret the law in different ways but you will NEVER see anyone who is respected on the Board, who posts frequently and articulately, insult or belittle another person. If it happens by accident there are apologies all around.
You are way out of line in many ways.
Here's what I think is most sad - you may very well have a lot of information to contribute, could be very valuable to the legal boards - but I don't expect you to be around long enough for anyone to make that determination.
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