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diantran · Dec 18, 2010, 04:55 PM

My brother-in-law moved into my house almost 18 years ago, from day one, he has never paid any rent or helped me out with the house in any way. There is no lease, no agreement either. Recently, he has been threatening my children and accusing everyone of stealing from him, causing me to change the locks to their rooms. My wife and I have peacefully asked him to please move out within a month time. He also agreed to this, but now is going back on his words and continuing to cause problems. Can I evict him? If so, how can I do this? Would it be a hassle and/or expensive?

excon · Dec 18, 2010, 05:07 PM

Originally Posted by diantran

Would it be a hassle and/or expensive?

Hello d:

Depends on what you consider a hassle.. There IS a procedure you have to go through.. It'll take a month, and you're going to have to put up with him for that long - IF he has the gall to stay after he see you're serious...

Anyway, he's considered a month to month tenant, and you need to give him a 30 day written notice to vacate. If he doesn't leave at the end of 30 days, you need to give him a 3 or 5 day pay or quit notice (depending on where you live). If he's still there, then you can file an eviction lawsuit, and have him served.. That might cost $75. You should have a hearing in about 10 days. If he's still there then, he'll lose in the hearing, and be ordered to vacate. If he's still there then, you need to get the sheriff to put him out...

The whole thing from start to finish should take 6 weeks. That's it in a nutshell. You're state is going to vary to some degree.

excon

diantran · Dec 18, 2010, 05:16 PM

Thank you for your reply. It really helped me out.

ballengerb1 · Dec 18, 2010, 05:31 PM

Excon is correct but evictiion laws vary a bit from plac eto place. Just Google your states name and eviction to see the tseps in your area but what Ex gave is accurate in general

joypulv · Dec 18, 2010, 05:37 PM

Many states have different laws for getting rid of someone who lives in a house with you, a 'lodger.' Less hassle.
Keep in mind that if threatening gets serious enough you can call the police and press charges, but without signs of harm, the police may try to just mediate. It depends on each situation.

diantran · Dec 18, 2010, 05:58 PM

I am just afraid that if police are called, and he gets released, my family's lives will be in great danger.

Fr_Chuck · Dec 18, 2010, 08:25 PM

If you are afraid, you are going to be afraid when he does not move and you have to face him in court and the day the sheriff department comes to set him on the side of the road.

If he is reallly threatening the family, report it, and get a restraining or protective order and have him removed at once from the home.

I also seldom say this, but the safety of your family ( if a real threat) is more important than anything else, So regardless of how if someone threatened my children, they would not be in my home a minute longer.