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pfle1943 · May 9, 2010, 01:11 PM

I live in Brentwood NY and I need to evict my 19 year old adopted son that breaks my home ,he brakes my furnituer and punches holes in my walls and threatens me

*** email edited out Fr Chuck)

tickle · May 9, 2010, 02:29 PM

Not a good idea to include your e mail address. Have you filed a formal complaint with the police about this atrocious behavior? Has he been diagnosed with any kind of disorder?

How old are you ?

Tick

Fr_Chuck · May 9, 2010, 02:39 PM

Well if he was in jail of course he would not be living there, and if you have a record of calling the police you can get a order of protection and get him removed right away.

If not, you have to evict him just like any renter, you give them a 30 day notice, if they don't move, you evict them in housing court. If he tries to destroy anything during that time, call the police

ScottGem · May 9, 2010, 03:42 PM

I moved this to Real Estate Law. The relationship of the resident has almost nothing to do with the eviction process. As a resident of your home, you have to follow the formal eviction process for your area. Check with the local housing court, but I believe you need to give him a 30 day written notice that you are terminating his residency. If he refuses to leave by the deadline, then you go to court immediately for an eviction order. If he defies the eviction order, you hire a sheriff to physically remove him.

As Chuck said, a quicker way may be obtaining a Restraining Order. If you have a record of domestic violence calls against him, you can try that. If not, the next time he gets violent, you call the police.

By the way, is his mother in agreement with evicting him?

pfle1943 · May 10, 2010, 06:18 PM

Originally Posted by tickle

Not a good idea to include your e mail address. Have you filed a formal complaint with the police about this atrocious behavior? Has he been diagnosed with any kind of disorder?

How old are you ?

tick

I have called the police three times for the same thing,I have reports,my wife does not want me to kick him out,I do not want to put up with this any more ,he has been receiveing treatment since he was 6yrs. Old he is bipolar and anger problem and he is ADD,now he refuses to take his medicine,It has been Hell getting him to graduate,I adopted his mother and I had to adopt him and hisn two sisters and they both have bipolar,my wife and I are 67 yrs.we are retired now with a set income and wecan not keep repairing the house,any information would be welcomed.

ScottGem · May 10, 2010, 06:27 PM

If your wife is on the deed or lease and she doesn't want to kick him out, there is little you can do.

pfle1943 · May 10, 2010, 06:34 PM

My wife's name is on the deed and she does not want me to kick him out so I suppose I will have to get a restraining order against him.

ScottGem · May 10, 2010, 06:47 PM

That may not work either if she refuses to cooperate.

pfle1943 · May 12, 2010, 02:20 PM

Originally Posted by tickle

Not a good idea to include your e mail address. Have you filed a formal complaint with the police about this atrocious behavior? Has he been diagnosed with any kind of disorder?

How old are you ?

tick

I am 66 yrs.

pfle1943 · May 12, 2010, 02:21 PM

I am 66yrs.

Fr_Chuck · May 12, 2010, 02:44 PM

The issue here is that as long as your wife allows him to come into the home, and she is also owner of the home you can't keep him out.