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Restraining order vs family eviction?
My Dad & stepmom need to get my 50 yr old stepbrother out. He doesn't pay rent or work. Has a room there but stays off and on at his married daughters house. Lately he has been coming home and getting violent, pushing my stepmom & hitting his sister. Do they file restraing order or should he be evicted (doesn't have written lease)?
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Were the police called on the incident? If they were, then I would go for the restraining order. This would bar him from the home. Also go for the eviction at the same time regardless of written lease or not. This way he can't come back to the home period and the police will arrest him if he is on the premises with the restraining order in place.
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Call the police and have the stepmom file a report, and have the sister file a report. I wouldn't let them lump it into one "incident". Then seek a restraining order. When the order is issued, ask the judge for permission to change the locks.
Also, check your state's landlord / tenant property code in the sticky at the top of the page. It will outline what kind of notice needs to be given, etc, to start an eviction. |
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