Any advice on making someone leave your home when there is no tenency agreement?

Question

my 85 year old grandfather let his nieces ex- husband stay with him temp. while he was waiting for his new apart. to become avail. this fell through apparently and now he refuses to leave! there is no tenency agreement but when the police were called they said they couldn't force him to leave because he had received mail which means he established residency. my parents have contacted a lawyer and he was supposed to be out by the 31st. july. he didnt leave. he put a note on the door invoking his 5 ammendment right not to speak to anyone,, and his 4th ammendment right saying the house is his!? is this possible??? i don't see how anyone could do this or how a legal system would allow it. any advice?

Answer 1

this is too easy.

Since this man has no lease.......

you must first make sure that the grandfather wants him out.

If he is willing to let him stay, that is another matter and then

you might have to leave instead.

If GF wants him out; you give the man a 30 day WRITTEN notice to

leave.  THE mail is not relevant.  If he does not leave, the

legal property owner or manager must go to court to get

a DETAIN ER action filed.  NO one in the USA that is not under

a court or hospital order, may be given the right to live

free anywhere.

And the prop manager does not need a reason to get rid of

someone who is not on a lease!

If the person does not leave, you take the detain er to the

sheriff for physical removal.

I have a feeling that GF does not care if the person leaves.

IF he does not, you are out of luck.

If he does, in 45 days, the man is gone, period.

IT is not an emotional thing in court. It occurs every work

day that landlords get such judgments and they take

them to the sheriff who remove people every day.

Answer 2

Yes, the police are correct. My mom tried to kick out my brother in law and the cops said since his ID had that address on it, he had established residency and she had to formally evict him, with an eviction notice and 30 days, etc.

That is what ya'll are going to have to do. Good luck. Maybe once he sees you guys are actually going to take him to court, he will just leave. If not, your family can prove that he has not paid anything and there is no lease or anything. The judge will make him leave and if he won't, the cops will escort him out.

You can also put a restraining order against him, since he lives there. You have to prove he is somehow threatening or that you guys are afraid of him but if you can get it to stick, they will make him leave.

Answer 3

Yep, he lives there and he can not be kicked out.   Sucks, but that is how it is.

He can not hide behind the 5th amendant, it is for a court room, not the living room.   The 4th doesn't get his S***t either.

Since he is going to fight this it will take your grandfather 33-63 days to get him out, depending on if he paid rent or not.   13 days if he weren't such a s****head.

There is a bunch of paperwork involved with an eviction, and it all has to be filed just so, otherwise you have to start again.   There are eviction services that do it ALL and only charge 600.   It will be worth every dime, give grandpa a hand and hire him an evicter.

If you want to do it yourself email me and I will give you a link to all of the forms you need, they are on a differant PC ion my home, so I can't get to the link right now.    They have blank forms you print or even ones you fill out online and then print with nice typing.