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AAguilera · Apr 30, 2008, 11:27 AM

I'm a 39yo and I'm on disabled and on SSDI. I live with my 84 yo father who is the homeowner. My father and I get along great. We have my brother and his wife living with us. He has not held a job for more than 2-3 weeks at a time. His wife is also on SSDI. They don't pay rent or help with the bills. We want them out. He is verbally abusive and has a lots of excuses to not work (slow economy, illegal immigrants, God, etc.). They've been there over 10 years. What's the most hassle free way of booting them out? I want my dad to have the last years of his life in peace and tranquility. Please help!

amIwrong · Apr 30, 2008, 11:32 AM

I don't know the most peaceful way per se. I was thinking, have them removed by the sheriff. That's not very peaceful or tactful so the only way is to give them notice, tell them they X amount of time to set up shop somewhere else. If they don't, then you can have them removed. Otherwise try mediation.

Originally Posted by AAguilera

I'm a 39yo and I'm on disabled and on SSDI. I live with my 84 yo father who is the homeowner. My father and I get along great. We have my brother and his wife living with us. He has not held a job for more than 2-3 weeks at a time. His wife is also on SSDI. They dont pay rent or help with the bills. We want them out. He is verbally abusive and has a lots of excuses to not work (slow economy, illegal immigrants, God, etc.). Theyve been there over 10 years. Whats the most hassle free way of booting them out? I want my dad to have the last years of his life in peace and tranquility. Please help!

ScottGem · Apr 30, 2008, 11:58 AM

If they have been there for 10 years they have established tenancy. So the only way to get them out is by going through a formal eviction process. You can check with your local court for what that process is. Generally it involves given then a notice to vacate after 30 days. If they ignore that, you go to court to get an eviction order. If they ignore the eviction order, you hire a sherriff to physcially remove them.

Fr_Chuck · Apr 30, 2008, 02:21 PM

The owner of the home, will have to give them a 30 day notice to move. If they still don't move, you will have to take them to houseing court to do a formal eviction

amIwrong · May 1, 2008, 06:59 AM

I agree, I think I skipped over explaining that and went straight to the sheriff haha.

Originally Posted by amIwrong

I don't know the most peaceful way per se. I was thinking, have them removed by the sheriff. That's not very peaceful or tactful so the only way is to give them notice, tell them they X amount of time to set up shop somewhere else. If they don't, then you can have them removed. Otherwise try mediation.

JudyKayTee · May 1, 2008, 08:09 AM

Originally Posted by amIwrong

I don't know the most peaceful way per se. I was thinking, have them removed by the sheriff. That's not very peaceful or tactful so the only way is to give them notice, tell them they X amount of time to set up shop somewhere else. If they don't, then you can have them removed. Otherwise try mediation.

Actually this is not sound legal advice for several reasons. They have to be legally evicted.

The OP cannot do anything. His FATHER is the property owner and his FATHER has to get them evicted. The OP does not appear to have any legal standing.

amIwrong · May 1, 2008, 10:15 AM

I think a person only has to be legally evitced once they have legally established a residence, which is questionable in this case. In other words, burden of proof. What does the driver's license say? Do they get mail there, what are your specific state laws, etc.

Because in some cases it could be looked at they are guests, not residents of the household. If someone wanted to come stay at my place for a while, and I let them, say for a year and we have no written agreement, they have a po box, and have not changed their license, I can simply have them removed if they don't do so. I agree though, it would have to be the owner, unless you have power of attorney and are acting on behalf of someone who is mentally unable to do so.

Originally Posted by JudyKayTee

Actually this is not sound legal advice for several reasons. They have to be legally evicted.

The OP cannot do anything. His FATHER is the property owner and his FATHER has to get them evicted. The OP does not appear to have any legal standing.

twinkiedooter · May 1, 2008, 11:45 AM

After 10 years I don't think they are considered "guests" anymore by any stretch of the imagination.

JudyKayTee · May 1, 2008, 12:05 PM

Originally Posted by amIwrong

I think a person only has to be legally evitced once they have legally established a residence, which is questionable in this case. In other words, burden of proof. What does the driver's liscense say? Do they get mail there, what are your specific state laws, etc.

Because in some cases it could be looked at they are guests, not residents of the household. If someone wanted to come stay at my place for a while, and I let them, say for a year and we have no written agreement, they have a po box, and have not changed their liscense, I can simply have them removed if they don't do so. I agree though, it would have to be the owner, unless you have power of attorney and are acting on behalf of someone who is mentally unable to do so.

Must depend on the State because that is definitely NOT the case in NYS. Also in my area you can't call the Police and "simply" say, "I don't want them here, remove them." The Police will tell you they handle criminal matters and this is a civil matter and so evict them. The Police in your area (obviously) will remove someone under the conditions you list - no written agreement, stayed a year, don't get mail at your place, haven't changed their Driver License. Not here.

P/A aren't only for people who are mentally incapable - I had one for my husband because he travelled a lot at one time and I needed to be able to manage our affairs in his absence.

ScottGem · May 1, 2008, 02:27 PM

Originally Posted by amIwrong

I think a person only has to be legally evitced once they have legally established a residence, which is questionable in this case. In other words, burden of proof. What does the driver's liscense say? Do they get mail there, what are your specific state laws, etc.

Because in some cases it could be looked at they are guests, not residents of the household. If someone wanted to come stay at my place for a while, and I let them, say for a year and we have no written agreement, they have a po box, and have not changed their liscense, I can simply have them removed if they don't do so. I agree though, it would have to be the owner, unless you have power of attorney and are acting on behalf of someone who is mentally unable to do so.

Excuse me? They have been living there OVER TEN YEARS. I don't think that's even close to questionable. In fact, it takes very little to establish residency in most areas.

amIwrong · May 2, 2008, 09:33 AM

Burden of proof, but I'm not going to argue about details you and I don't have. If the resident can't prove they have been there for 10 years, it wouldn't be that hard and I have heard of such things. Needless to say you and I agree that it would be in the best interests if the owner went through an official process just for good measures. So, no, I am not kidding, but agreed.

Originally Posted by ScottGem

Excuse me? They have been living there OVER TEN YEARS. I don't think that's even close to questionable. In fact, it takes very little to establish residency in most areas.

JudyKayTee · May 2, 2008, 10:08 AM

Originally Posted by amIwrong

Burden of proof, but I'm not going to argue about details you and I don't have. If the resident can't prove they have been there for 10 years, it wouldn't be that hard and I have heard of such things. Needless to say you and I agree that it would be in the best interests if the owner went through an official process just for good measures. So, no, I am not kidding, but agreed.

Once again you are arguing "heard of such things" on one side of the fence and the law on the other.

amIwrong · May 2, 2008, 10:11 AM

I have watched my friend go through it, I have no desire to argue, have a nice day.

Originally Posted by JudyKayTee

Once again you are arguing "heard of such things" on one side of the fence and the law on the other.

amIwrong · May 8, 2008, 04:14 AM

I am certain if a sheriff were involved there would be a formal process leading up to that.

Originally Posted by amIwrong

I don't know the most peaceful way per se. I was thinking, have them removed by the sheriff. That's not very peaceful or tactful so the only way is to give them notice, tell them they X amount of time to set up shop somewhere else. If they don't, then you can have them removed. Otherwise try mediation.