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puka · May 16, 2008, 02:47 PM

I let my brother stay with us about 6 years ago. He was to pay rent if he could $200 a month. He paid maybe 3 times in the time he has been here. There were a few rules that he was to obey.
1. no smoking in the house
2. no open flames, candles unless there was a power outage and you needed to be in the room with the candles lit.
3. no illegal substance of any kind or breaking the law.
4. if make a mess or use any dishes you clean them up.

He is smoking in the bedroom he sleeps in. He had acquired 3 large dogs, he did not ask if you could have. They are now smelling my house up. He is bringing cars over that do not run, he used to fix and sell them. I now have 4 cars that he owens in front of or in the driveway of my home that belong to him, only one of them runs. The vehicles do not have current registration on them. The neighbors have called more than once on all the cars in front of my house. I want him out and have asked him to leave. I first told him the things he needed to do to stay for a while, list below
1. he was to go down and get signed up for low income housing by the end of the week
2. he was to build a dog house for his dogs and they were not to be allowed in the house any more. He was to have a week to do that in.
3. He was to go out side either in the front or back yard to smoke, starting now.
4. He had at least a month to fix and get rid of all but one car running.
He told me he would be out by the end of the week, that was Feb. 8,2008. I wrote him a letter in beginning of March reminding him of our conversation and letting him know that he had until the end of April to move out. He threw the note on the ground. The last Tuesday of April I reminded him that he was to be moved out by Thursday. He told me he was not going. I asked if he wanted me to call the police and he said go a head. What can I do to get him out as peacefully as possible?

JudyKayTee · May 16, 2008, 02:51 PM

I doubt the Police will be helpful because he lives with you, he's legally not an intruder.

You will have to evict him. The procedure varies by State so if you come back with the State, someone (me included) will let you know how to proceed.

You cannot evict him for non-payment of rent (although you can try) because you had a "pay when you can" agreement and I'm sure he's going to say he can't. You CAN evict him on the rest of the problems because you had an oral agreement which he violated.

(On a non-legal note: he seems to have no sense that you are helping him out. Wait until he actually has to pay rent!)

Fr_Chuck · May 16, 2008, 06:47 PM

You will have to give him a 30 day notice to move. The police will not do anything, give him a notice to move, if he does not move, take him to housing court

puka · Jun 13, 2008, 08:03 AM

This is in response to the answer as to where I live. I live in California, how do I go about getting him out. I guess I mean evict him. I don't want that trouble, because he might get violent and vindictive. I need also to know how to do a restraining order against him, temporary and permanent. Thanks for any help you can offer.
Puka

ScottGem · Jun 13, 2008, 08:15 AM

I merged your two threads. Please don't start a new thread with follow-up information. Use the Answer This Question or Quick Reply options.

I would suggest getting an attorney. There are links to state laws at the top of this forum so you can find out the details of the eviction process. Or you can ask at your local courthouse.

JudyKayTee · Jun 13, 2008, 08:36 AM

Originally Posted by puka

This is in response to the answer as to where I live. I live in California, how do I go about getting him out. I guess I mean evict him. I don't want that trouble, because he might get violent and vindictive. I need also to know how to do a restraining order against him, temporary and permanent. Thanks for any help you can offer.
Puka

You go to the Police with your evidence that he is violent and abusive and ASK for a restraining order - they will point you in the right direction. I say to go to the Police because often you need Police Report documentation before the Court will schedule a Hearing.

As far as eviction - he needs to be legally evicted. No way around that. In some areas eviction does NOT automatically follow a restraining order so you would have to look at that angle.

There is no easy way out - and I'm not aware of any place that issues PERMANENT restraining orders. You'll get a temporary (x number of days) followed by renewals.