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Chickaboo · Jan 5, 2011, 04:23 PM

I live in Montana; my daughter, son in law, and 2 grandchildren moved in with me 7 months ago; they had no place to go and had no jobs. I had no choice but to let them move in when they were kicked out of their friends' house where they had been living for 2 weeks after moving here from out of state. The plan was, they would get jobs, find a place to rent and move out. My daughter is the only one to get a job; my son in law is a lazy *** who makes all kinds of excuses for not working. Last night we argued; she threw a fork at me and gashed my face. They both were screaming at me; long story short; I want them out. They have never paid rent. They've paid a total of $250 to my power bill. I am afraid of them; but after talking to the victim's advocate at the court house, I was told this does not qualify for a restraining order; I did not go to work today as I'm afraid of what they may do to my dog and to my house. They have guns in their room and, quite honestly, I don't know what they are capable of. They are still mad but have been out of the house most of the day. I have the doors locked. Do I have to let them back into my house? Can I simply lock them out? Their stuff is here and their household stuff is stored in my basement. What recourse do I have? She said they will be out by Friday but that means I will have to miss 2 more days of work since I don't trust them to not damage or steal/sell my things or hurt my dog. I would rather not involve the police but will if it's the only way to get them out. Please advise!

GV70 · Jan 5, 2011, 05:13 PM

It is not so easy...
The process of eviction usually takes several months. The necessary steps depend on the local laws. The best way to do this is to buy an hour or two of an attorney's time and learn what needs to be done locally.

They have established residency there.Thus there is "Landlord-tenants" relation .You have to follow The Montana EVICTION PROCESS

If a landlord wishes to remove a tenant from a rental unit, the steps s/he can take are limited to terminating the rental agreement, asking the tenant to leave, and finally, taking the tenant to court to get an eviction order. In no instance can the landlord physically remove either the tenant or her/his possessions from the dwelling, nor may s/he change the locks or turn off the tenant's power or other services in order to force the tenant out.

Chickaboo · Jan 5, 2011, 05:23 PM

Even though there is no rental agreement? They pay no rent. They pay nothing. They do get mail here. I never thought it would turn nasty and now that it has I feel like I'm a prisoner in my own house. I'm afraid to leave the house for fear they will damage it, steal from me or hurt my small dog. Can the police be called in to remove them if this was to be a temporary arrangement?

Fr_Chuck · Jan 5, 2011, 06:05 PM

It does not matter if they pay or don't pay rent, does not even matter if they get their mail there. They moved in and are residents in the home and have to be evicted.

Next I would talk to them again about the restraining order, and also next time you are cut or hurt you call the police and press charges.

ScottGem · Jan 5, 2011, 06:28 PM

Originally Posted by Chickaboo

Even though there is no rental agreement? They pay no rent. They pay nothing. They do get mail here. I never thought it would turn nasty and now that it has I feel like I'm a prisoner in my own house. I'm afraid to leave the house for fear they will damage it, steal from me or hurt my small dog. Can the police be called in to remove them if this was to be a temporary arrangement?

This is a civil matter so the police will not get involved. And no you cannot just lock them out as that would open you up for a lawsuit for an illegal eviction.

And yes they have established residency so it does not matter that there is no written agreement. So here are your choices. You can either get a Restraining Order which will force them out. Or you follow the eviction process. If you can prove there was an agreement to pay rent, then you can serve them with a pay or quit notice (the number of days depends on local law) and file for an eviction order if they don't. Otherwise, you have to give them a 30 day termination of residency notice and wait until they stay past the 30 days to file for an eviction order.

Chickaboo · Jan 5, 2011, 06:38 PM

Well,it seems I'm thoroughly screwed! So much for trying to be a good mother/person. Thanks for your help.

ballengerb1 · Jan 5, 2011, 06:52 PM

You have several great and on the money answers here so start the eviction process. I do think the police will get involved, not with the eviction, but youson-in-law commiited an assault on you and you can press charges. Throwing a fork at someone's face and gashing them is not considered goofing around. Nail his little lazy hide