Ask Experts Questions for FREE Help !
Ask
    chefjulie1006's Avatar
    chefjulie1006 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 17, 2012, 01:08 PM
    Evict a family member that is not on the lease
    My brother is living with me and my familly and he's not on the lease but he pays some rent but he is a very violent person and I want him out I have already told him to leave on sevral occasions but today he kicked down my door and I called the police but it wasn't till today that I found out I can evict him but I don't know how to even go through the process! Help someone ASAP
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jul 17, 2012, 01:13 PM
    Check with your local housing court for the process. Since you didn't tell us where you are we can't tell you what the process is.

    However, why not ask a court to issue an restraining order if there is a domestic violence case. That will get him out quicker.
    timothy101101's Avatar
    timothy101101 Posts: 12, Reputation: 0
    New Member
     
    #3

    Jul 17, 2012, 01:20 PM
    My advise and I hope you take it for your own safety as he sounds verry violent is.
    Wait until he goes out and the call the police tell them about the violence and that you are kicking him out and he may kick off and you don't feel safe so you need them there for help.
    Next lock all doors and windows and pack his bags and leave them out side.
    When he comes back you can explain yourself to him with the police there to back you up and tell him he has to go and can't come back.

    p.s please don't let him come back after he has calm down as he is violent and that is never a good sighn for the future as it normaly only gets worse.

    __________________
    If my answer has been of help to you, and if you therefore would like to make a donation.
    Please click on my name;
    Select "view public profile; and then
    click on the "support this member" button.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Jul 17, 2012, 04:57 PM
    Timothy, I will not be surprised if other members quickly jump all over you on this. They will say that the brother is a tenant and, as such, has a right to not be ousted absent a court order, and that he could sue OP for damages.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jul 17, 2012, 05:05 PM
    Quote Originally Posted by timothy101101 View Post
    wait untill he goes out and the call the police tell them about the violence and that you are kicking him out and he may kick off and you dont feel safe so you need them there for help.
    You've been told before that we take pride in the quality of the advice we give here and your advice was not very good.

    First the OP ALREADY called the police so there is a record of the violence. Second, since the OP may have let the brother back in the house he can't call the police after the fact. He can try to get a restraining order as I suggested. But without a court order he can't lock the brother out or put out his belongings. This could open him up for a law suit.

    If you are going to give advice here make sure its accurate.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Evict a family member [ 11 Answers ]

Hello - my son is 22 years old (live in NJ). He will not pay rent or help out in the house. He will not abide by the rules. He'll take my mothers keys to her car without asking and take off for days. What paperwork do I need to fill out in order to evict him from my home? Many thanks Tired...

How to evict a family member [ 4 Answers ]

How do you evict an adult family member?

Trying to evict a family member [ 5 Answers ]

I am a parent of an verbally abusive daughter who lives in my home with me. She is 35 years of age and resides here also with her 13 year old daughter. I have decided since the situation has been getting worse and I feel like a prisoner of my own home that after 7 1/2 years of dealing with this I...


View more questions Search