Check out some similar questions!

LowB · Mar 16, 2008, 09:50 AM

I have a 55 year old brother that has been living in a single room in my parent's Louisville Kentucky home, off and on for his entire life, but full-time the last 10 years or so. He pays no rent and has never paid any bills or provided any assistance on food or other bills. My father passed right after my brother moved in and all bills etc are paid by my mother, on a retiree fixed-income no less. My brother does odd jobs for spending change. One "job" is repairing small engines for mowers, weed eaters, chain saws, etc. THis has led to the accumulation of a large amount of parts and tools all over my MOm's backyard, porch and in the basement. He also tracks dirt and oil throughout the home & soils the carpets... no effort to clean up. The room he occupies is filthy and no one has the nerve to enter. In my mother's living will she appointed my sister to manage her affairs in case she cannot. In recent years my MOm has grown more and more despondent and now requires the assist of an in-home care giver 5 days a week all managed by my sister. In recent years there are indications of drug use by my brother and the presence of evidence indicating that he's allowed other questionable folks in the home. His behavior is also concerning and fear for our Mom's safety looms. My sister is planning to move my Mom to her home to better provide care and move her son in the home to ensure it's upkeep. Bottom-line is that we want him out and would like any feedback on the route to take. THE way I see it is that he's not a tenant (never paid any rent or other fees nor signed any contract or verbal for that matter but considers the home as much his and my parents) so we do not have to pursue this through the courts and simply demanding him to vacate by a certain date should be sufficient. LIkely we will have to involve the police and change locks but the way I see it, legally he has no rights to remain. I don't even think "squatters rights" even apply here. Hopefully there's enough detail here for feedback. Any advice is appreciated. :confused:

N0help4u · Mar 16, 2008, 10:15 AM

I think your mom would have to be the one to evict him unless you declared her incompetent and then whoever is in charge of her care should be able to evict them.
http://www.thelpa.com/free/statenoticechart.pdf make sure up to date for your state.

Give him a notice of quit.
Notice to quit Free Form

This is a sample of what to give him.
If he still refuses to leave you need to go to the district court/magistrate and file a complaint.

ScottGem · Mar 16, 2008, 10:25 AM

Sorry, but he is a resident of the home. Therefore he needs to be evicted. I think your sister can manage the process.

LowB · Mar 16, 2008, 02:38 PM

Originally Posted by ScottGem

Sorry, but he is a resident of the home. Therefore he needs to be evicted. I think your sister can manage the process.

ScottGem and N0help4u thanks for the quick responses. My mother is indeed unable to manage her affairs and my sister is designated as my mother's guardian (I think I forgot to mention that initially). I'm just not sure that my brother can be considered a resident and qualify to be "evicted" versus simply remanded to leave the premisis by order of my sister. Again I do appreciate your inputs as this is a delicate situation and believe me this is only being done as a final step to recitify an on-going issue.

N0help4u · Mar 16, 2008, 02:41 PM

Then your sister can do the eviction. You hinted at it but I wasn't sure if it was formalized.
Nowadays everybody has to be evicted. Nobody can be forced to leave or they can get you on illegal eviction so she has to check with your state law on the minimum days evictions are legal. That can be anywhere from 3 to 60 days, but the average is 30. Missouri and W. Va are the only one that are immediately.
The two links I included above should get you started.

ScottGem · Mar 16, 2008, 03:00 PM

He lives there, correct? According to you, for more than 10 years. He gets mail there, has clothes and furnishings there? Then he's a resident.

Your sister can certainly tell him to vacate by such and such a date. But if he refuses, then you will need to go through a formal eviction. The police will NOT remove him for you. If she tries to lock him out, he can sue her. Do you want to risk that? Better off to gp through the eviction process and make sure he's out legally.

N0help4u · Mar 16, 2008, 03:06 PM

Scott is right. I have seen MANY times a so called guests stay over at a friends supposedly for a few nights and get a couple pieces of mail and it all of a sudden turned into an eviction procedure when they were supposedly just doing a friend a favor for a couple nights.
What state do you live in?

LowB · Mar 16, 2008, 03:50 PM

Originally Posted by N0help4u

Scott is right. I have seen MANY times a so called guests stay over at a friends supposedly for a few nights and get a couple pieces of mail and it all of a sudden turned into an eviction procedure when they were supposedly just doing a friend a favor for a couple nights.
What state do you live in?

This issue is in Kentucky (Louisvile). I do believe that he gets mail there as well... heck he's been basically in the house off and on since we moved there some 46 years ago; just couldn't ever stay on his own two feet for mainly reasons of his own doing and fell back on my folks for a "safety net" every time. Now it's just my mom and he's just a stressor and leach for her to ocntinue to deal with. As for eviction, I'll look to the links provided and hopefully have enough info to set my sister on the right path. I'm still in the military and am currently stationed in Missouri.

N0help4u · Mar 16, 2008, 03:53 PM

Oh you did say that I got so far down the page I didn't check back at the OP.
According to the first link you have to give him 7 days but I would check the magistrate because laws do change and you have to give him written notice (the second link I posted)

LowB · Mar 16, 2008, 03:57 PM

Originally Posted by ScottGem

He lives there, correct? According to you, for more than 10 years. He gets mail there, has clothes and furnishings there? Then he's a resident.

Your sister can certainly tell him to vacate by such and such a date. But if he refuses, then you will need to go thru a formal eviction. The police will NOT remove him for you. If she tries to lock him out, he can sue her. Do you want to risk that? Better off to gp thru the eviction process and make sure he's out legally.

I know that it may not make a difference but the main bulk of his "furnishings" are my mom and dad's old bed and dresser and the clothes are generally hand-me-downs... many that we've gave him. Again, doubt if it matters as it'ds likely still viewed as his legal "possessions" since they were given to him.

Fr_Chuck · Mar 16, 2008, 03:57 PM

Yes, he would be a tenant there because he has been there all these years, done business there, and so on.

If the sister is actually the guardian ( not power of attorney) then she can demand him to leave and the mother can not stop it.
So the guardian gives him a notice to move, if he does not, they go to housing court to force him out.

N0help4u · Mar 16, 2008, 04:06 PM

Originally Posted by LowB

I know that it may not make a difference but the main bulk of his "furnishings" are my mom and dad's old bed and dresser and the clothes are generally hand-me-downs...many that we've gave him. Again, doubt if it matters as it'ds likely still viewed as his legal "possessions" since they were given to him.

Yeah possessions do not really matter, he could be there with nothing more than the clothes on his back.
As long as he claims he lives there and gets mail there it MAKES him a legal resident needing eviction procedure.
Do the form in the second link I gave you with a 7 day notice (double check the law to make sure it is current law) and you should be set.

LowB · Mar 16, 2008, 04:33 PM

Originally Posted by N0help4u

Yeah possessions do not really matter, he could be there with nothing more than the clothes on his back.
As long as he claims he lives there and gets mail there it MAKES him a legal resident needing eviction procedure.
Do the form in the second link I gave you with a 7 day notice (double check the law to make sure it is current law) and you should be set.

Thanks. I've printed out a few and will send to my sister... even left it at 30 days as we really don't want just put him on the street... this should give him time to get something else set up, just hope that it doesn't backfire (out of sight out of mind attitude just may develop). Lastly, should the form be signed/stamped by a notary?

N0help4u · Mar 16, 2008, 04:35 PM

I would notarize it. I don't know your state law but the more official I would think the better.

ScottGem · Mar 16, 2008, 04:52 PM

All notarizing does isverify that signator's identity which is unnecessary in this case. You do want to certify that he received the notice.

LowB · Mar 16, 2008, 04:56 PM

[QUOTE=ScottGem]All notarizing does isverify that signator's identity which is unnecessary in this case. You do want to certify that he received the notice.[/QUOTE

Likely the notice to quit will be handed to him but given the sensitivity of the issue maybe registered mail is better...

N0help4u · Mar 16, 2008, 05:01 PM

Do both hand him one and send one certified or registered.