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makdan · Jun 22, 2007, 10:12 PM

I am an unmarried joint owner with right of survivorship in a Virginia house. My relationship with the other owner is now horrible and I want to make her 2 sons, ages 20 and 30, move out because they are disrespectful, etc.

I originally agreed to let the 20 year old with live with us to finish high school. That was 2 years ago, and it took 1 year. For the last year, he has been in college, taking only 2 classes at a time.

I also agreed to let her 30 year old son move in with us temporarily until he was sent to the Middle East as a contractor. He was only expected to stay with us for 2.5 - 3 weeks, but that was 4 months ago. His departure date has been extended indefinitely because of the security situation overseas. I want him out, too. I already tried kicking him out with 3 days notice, but after locking him out while his mother was out of town, he called police, showed them some canceled checks to his mother that he claimed were for rent, or possibly utilities, and the police made me let him in. Their mother, not my wife, is joint owner and will oppose me on getting rid of them.

The 30-year old is paying the cable bill because he wanted cable. I have asked all of them whether they are paying anything else, but they refuse to tell me.

Can I kick them out without her consent? By what process?

tickle · Jun 23, 2007, 04:07 AM

The two men are not kids anymore and are way past the age of consent. In other words they are grown ups. She is the joint owner and if it was her you were trying to get rid of I would say, no dice. However, I don't think her kids fall under this umbrella and possibly you could have them evicted legally if they won't go peacefully. IMO.

Fr_Chuck · Jun 23, 2007, 05:32 AM

Sorry as long as the other owner says they can stay, they can stay. There is nothing you can do, short of buying the other person out, to get rid of them.

As long as one of the owners say they can stay, they can stay.

You can't even evict them, since one of the owners give them permission to stay.

makdan · Jun 24, 2007, 06:26 AM

Originally Posted by Fr_Chuck

Sorry as long as the other owner says they can stay, they can stay. there is nothing you can do, short of buying the other person out, to get rid of them.

As long as one of the owners say they can stay, they can stay.

you can't even evict them, since one of the owners give them permission to stay.

Does that mean I can invite other people to move in, or must I get her permission first? If I can invite without permission, I might be able to use that as some leverage.

In both cases, I only agreed to short term residency: 10-12 months for finishing high school for one son, and 2-3 weeks temporary residency by the other.

Any chance I can charge them rent, especially rent high enough to drive them out? Any other ideas?

excon · Jun 24, 2007, 07:10 AM

Hello again, mak:

I read both questions, and now the situation is becoming clear...

In my view, this is what you need to do to handle BOTH situations:

Firstly, however, I don't believe you'll be able to do what you need to do by continuing to reside in the house. I suggest the situation is very uncomfortable now, and if you do what I suggest, it's going to get even MORE uncomfortable.

It's time to call their bluff - ALL OF 'EM!

In order to do that, you're going to need to hire the meanest, toughest hired gun (attorney) you can, and DO everything he says.

excon

makdan · Dec 25, 2007, 10:27 AM

Update: She claims she plans to find the now-21-year old son another place to stay -- and I hope to solidify her plans by requesting a protective order against him if he is not out within a week.

The 30-year old has now lived with us for over 10 months, but he has been laid off. As far as I know, he has never paid any rent, and she now wants him out, too, although not as quickly as I do (immediately). Rather than trying to evict him, I'm looking for something faster and cheaper, and am considering the following:

1. simply taking over his bedroom myself, forcing him to sleep in a non-bedroom
2. cutting the lock off his door and removing the door itself to eliminate his privacy (After all, I'm an owner, he's not.)
3. incessantly playing music he doesn't like (bagpipes)
4. generally making it as uncomfortable for him as possible
5. eliminating his garage privileges, towing his car away if he parks in there -- his car leaked a LOT of oil on the garage floor and he didn't even clean it up.

These actions are not mutually exclusive. Would any of them get me into legal trouble? I'm hoping the worst that could happen is a civil suit, I could represent myself, presumably a judge would be more sympathetic to an owner than to a disrepectful, confrontational parasite who was supposed to stay only 2.5-3 weeks and has stayed over 10 months, and even if I lose, there wouldn't be any monetary damages to me. Or is this all just wishful thinking?

excon · Dec 25, 2007, 10:50 AM

Originally Posted by makdan

After all, I'm an owner, he's not...... Would any of them get me into legal trouble? I'm hoping the worst that could happen is a civil suit, I could represent myself, presumably a judge would be more sympathetic to an owner than to a disrepectful, confrontational parasite...... Or is this all just wishful thinking?

Hello again, mak:

I'll take 'em one at a time. He's a tenant, and has rights. I know you don't think so, but the law does...

Yes, they'll get you into legal trouble.

You'll LOSE. There's NO SYMPATHY in court. There's only the LAW. Yes, it's PURE wishful thinking.

Evict him legally, or do nothing.

excon

makdan · Dec 26, 2007, 07:23 AM

I guess I have to hope that his mother's current desire to get rid of him exceeds her desire to oppose me. It's a touchy situation. Thanks to excon and Fr_Chuck for the answers.