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tom dellevas · Jun 26, 2013, 06:05 AM

My sister is living in her boyfriends house with her daughter . They let her 22year old son move in and its been six months since.. This was a temporary situation. He just got out of jail. He's causing a lot of friction and problems in the house. What right does she have to evict him from the house. He's becoming verbaly abusive.. Her daughter is afraid to be alone with him. Hes becoming very demanding. Please help her with any advice you can give her. Does he have any rights as far as staying there. Remember,it's not her house,it's her boyfriends.

smoothy · Jun 26, 2013, 06:33 AM

First off... legally the son is a month to month tenant. The eviction process is equal to that of any tenant. Family relationship makes no difference to her rights.

SHe has him served with a notice, in writing. What state that is determines the process and notice required.

If she livies in this house as well... and he gets abusive.. she needs to call the police and he might be removed sooner... however she needs to start the eviction process right away. If he was recent;y released from jail.. its likely he is violating his parol or probation and could be sent back for that alone.

If he refuses to leave.. she goes to court to have the eviction enforced... at which time the SHerrifs would arrive.. and put him and his belongings at the curb. THEN and only then could she change the locks.

EDIT: It came to my attention it's the boyfriends house... I missed this earlier. He will have to do most of this, unless of course she has something in writing as is mentioned by Scott Below,. however she should not hesitate to call the police about the abusive behaviour. That might be the most quick resolution to this situation.

ScottGem · Jun 26, 2013, 06:40 AM

I moved this from Family Law to Real Estate law. The familial relationships do not matter here. All that matters is whether the son qualifies as a resident or not. Since he's been there 6 months, I would say he's established residency. This means he has to be evicted according to local law.

Unless the sister has a rental agreement with the boyfriend, then she has no legal standing to remove him. So the boyfriend is the one how has to go through the process. This generally involves giving him a written notice to vacate within 30 days. If he does not vacate in that time, then the boyfriend needs to go to court for an eviction order. A hearing will be scheduled and the order issued. If he still won't leave a sheriff can be hired to physically remove him.