Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   Evicting a step son who is 24 and does not have a lease. (https://www.askmehelpdesk.com/showthread.php?t=434055)

  • Jan 11, 2010, 07:48 AM
    angery
    Evicting a step son who is 24 and does not have a lease.
    I have a step son who is now 24. He has lived with my wife and I since I married her some 7 years ago. He is lazy, has been into drugs and prison twice, almost got himself fired from his job for non-compliance to company rules and has recently been in trouble with the law once again and the list goes on. I started charging him $150 rent a month about a year ago on the premise that he would have to help around the house... ya right. He would rather jump over the bag of garbage in his path than take it to the garbage can and the list goes on. Uping the rent will not solve the problem. He is disrespectful to me, but not his mother, because I ask him not to be disrespectful to our property and own up to his responsibilties and I get extreme foul languae from him. I WANT HIM OUT PERIOD. How can I do this legally?
  • Jan 11, 2010, 07:52 AM
    twinkiedooter

    You need to evict him legally. He needs to be first given a notice to vacate. Then when he does not do that you can go down to the Clerk and file for a formal eviction.
  • Jan 11, 2010, 08:03 AM
    ScottGem

    I moved this from Family Law because removing someone from a residence has almost nothing to do with their relationship.

    Your stepson is a resident and needs to be evicted according to local rules on eviction. You say you are charging him rent, has he been paying it on time? Can you prove he agreed to pay rent?

    Since there is no lease, he's a month to month tenant. If you can prove he agreed to pay rent and is late, you can then give him a pay or quit notice. If not you have to give him a 30 day (at least) vacate notice.

    If he ignores the vacate notice you have to file an eviction order in your local court. So what you need to do is check with your local housing dept or court for the rules on eviction.
  • Jan 11, 2010, 08:28 AM
    Fr_Chuck

    Well for course both you and your wife will have to "want him out" if your wife caves in and says he can stay, there is little you can do.

    If he is paying rent and late, you could evict for late payment

    Or you will have to give him a written notice to move, then if he does not, you file a formal eviction in court.

    But above all, you and your wife have to be committed together in one mind on this
  • Jan 11, 2010, 08:37 AM
    angery
    Thank you all for the advice... I will pursue accordingly.







    Quote:

    Originally Posted by Fr_Chuck View Post
    well fo course both you and your wife will have to "want him out" if your wife caves in and says he can stay, there is little you can do.

    If he is paying rent and late, you could evict for late payment

    Or you will have to give him a written notice to move, then if he does not, you file a formal eviction in court.

    but above all, you and your wife have to be committed together in one mind on this


  • All times are GMT -7. The time now is 12:33 AM.