We live in Ohio. My sister's 35 yr old son and wife live in her home. They have lived there for 1 yr. they pay no rent, pay no bills. Damage her home with their fights. Have torn off 2 doors, punched holes in the wall. Burnt tile with cigarettes. They refuse to leave. My sister gave them a 3 day eviction notice, they still refuse to leave. She has called the police and nothing is done. The police have told her that they have the right to be there since it is their residence. They have threatened her. Told her if she does anything she will pay the price. 'beware' she is so scared she locks herself in her room and puts a chair against the door and keeps 911 on speed dial. Her daughter in law brings family and friends in at all hours of the night to have their parties. She has come home to find strangers in the house that are friends of the son and daughter in law. They have stolen from her. The police said they can have who they want in there because they live there. The last time the police was called was for domestic violence. The police did nothing because there was no physical contact 'yet'. My sister originally let them in the house a yr ago because they asked for help for a mth or so until they got on their feet. A yr later, no jobs, no plans on leaving. They run the electric bills up by turning everything on in the house. They told her.. 'this is for causing problems for them.' 'this is just the beginning.' what can be done? What is her rights. She is filing another eviction notice with the courts but her son said if he receives one, by the time he is done the house won't be livable. She was going to change the locks but the police told her she would have charges filed against her because they live there and she can't do that. My sister has a bad heart and every time they walk past her they say 'die b***h'.. my sister is in tears all the time. What can be done? PLEASE!

The police are giving your sister bad advice. Not that their advice is incorrect, but they aren't telling her what her real options are.

Assuming she owns the house, she can evict them as she would any tenant (you said she is filing "another" eviction notice, what happened with the previous ones?). But this means going through the eviction process which could be dangerous, given the threats. The other option is getting a restraining order against them. If they are threatening her and she can prove it, then go to the court for a RO. If she gets the RO, that can force them out and she can complete the eviction process and change the locks then.

Yes she does own the house. The 1st eviction was the 3 day eviction she was told to give to them. She has done that. That is when her son told her if he receives another eviction notice she would be sorry. She is just so scared. I am filing another eviction for her tomorrow. The end of the 3 day one. I told her to get a protection order against them but the police advised against it. They said it would just make him madder. What is an RO. And can that get them out before the eviction is final. The police said it could take 60 days once eviction is filed and she said her house won't survive another 60 days. She may not.

How long ago was the 3 day notice? A 3 day notice doesn't need to be "filed", it just needs to be served. If the tenant/resident doesn't leave, then you go to housing court for an eviction order. This involves a hearing at which time a court order for eviction would be issued. If they still don't leave, then she hires a sheriff to remove them.

But from what you are saying, they will take revenge if they get served with the hearing notice. That's why the RO (Restraining Order), its similar to an order of protection, terminology varies.

I can't believe the police would advise against it. She goes to court and gets the RO (or protection order). She then goes with the police to get them out. She can then change the locks and make arrangements for them to remove their belongings under supervision. But an RO says they can't go within x number of feet of the house or be subject to arrest.

Today is the end of the 3 day notice. So I am going to batavia (county seat) to file the other eviction notice today for her. I will check with the clerk about the RO for her. Thanks for your help. She is seeing an attny today about just walking away from her house. She is too scared to go back there. It is a shame that your own child would make a mother leave her home of 30 yrs. She said once this is filed he will hurt her or destroy the house with her in it. She refuses to go back there she is so scared. She stopped there yesterday to get clothes and they have moved into her bedroom. The police said she can't keep them out of there. It is part of the house and they can go where they want in the house. She can ask them to get out of her room but if they refuse, there is nothing she can do about it. They are litterly torminting her.

She needs to stop listening to the police first of all. They are continuing to give her bad advice and I suspect it is because they don't want to deal with a domestic situation. Those are generally the worst.

She SHOULD get an attorney and listen to that person. An attorney knows the law (the police often do not) and can advise her of her best options.

She should NOT walk away from the house. This will affect her credit. I would also advise that she consult her insurance agent. Its possible (though a longshot), with proper notice, she may be able to put a claim in for any damage they do. She will be able to sue them for damages.

But it is a good idea for her to stay elsewhere until she can get them removed. Yes, file for the eviction order as the 3-day expires. But I would not serve a summons until she's consulted with the attorney (since she has an appointment scheduled for today).

Good luck and keep us posted.