Get him out!

[mousefanmichelle]

My nephew lives with my dad. My dad would like to kick him out but thinks he has to give him notice of x number of days to move his stuff out (let's say 30 days). My nephew does not pay rent to my dad but does help pay the utilities. There is no written contract between the 2 - it is all verbal. Can my dad tell him to pack his crap and get out today or does there have to be time given i.e. 30 days?

Long back story - My sister (his mother) and my nephew don't get along so when my nephew and his SO broke up, my nephew lost his place to live. My sister (his mother) asked my dad if her son could move into my dad's basement since she and her son do not get along and her house was already full. My dad, thought he was doing my sister a favor and, let her son move into the basement.

There have been multiple issues with this situation. My nephew is an alcoholic. My dad is a control freak. My dad is also 86 years old and in poor health. My sister (his mother) took advantage of my dad knowing that he would never say no to her.

My nephew is a pot stirrer and has caused some problems between my other sister (his aunt) and himself. He has called the police on her, trying to get her arrested. He has maliciously involved my father in her financial business, he sent her a picture of a painted dog with the word ***** on it and most recently on Easter he and she (his aunt) were physically fighting and he called the police to my father's house and my sister (his aunt) was arrested. My nephew is telling one story to his mother, who will side with him 100% of the time, every time, right, wrong or indifferent and my dad and my other sister have the same story. I tend to believe their story and not his.

I told my dad for his safety he needs to have my nephew move out. It is not a safe environment for my dad, in my opinion. I think my nephew is up to something and I don't trust him. I think he is taking advantage of my dad and my dad isn't saying anything.

If you are still with me - what can my dad do to get this man out of his house?

Thanks for listening and for your thoughts!
Mousefan -

 

[The Mystery Machine]

Is nephews name on any of the bills?

It would be nice to give the nephew notice as a courtesy.

That being said if your dad is not safe, have your father call the police and get him out of there.

 

[kimblebee]

Have your dad tell the nephew you have a week to get your stuff out..after that the locks are getting changed. Then, do it.

 

[mousefanmichelle]

His name is not on anything. My nephew has told my dad he has to give him notice so that is what my dad believes but given what happened on Easter, I think it would be best if he moved out ASAP.

 

[luvsJack]

It may depend on the laws of your state. I know that in this state, if you have allowed someone to take up residence in your home (and I guess this means they have stayed their over a certain number of days or something), you have to give them 30 days notice of eviction.

Now, most people aren't sticklers for this law and when told to move, they move. So I would tell him to start looking and think of this as his first warning. If he doesn't make a move, you may have to actually give him a notice of eviction.

 

[WIcruizer]

Your dad is 86, he doesn't need this drama even if safety wasn't an issue (which it looks like it is.) If it were me, I wouldn't care about any notice, if it's legal or not. Get him out of there yesterday.

 

[Clifton Tesh]

Most states, if you've allowed someone to live with you, you must file legal evictions through the court system.

As other people have said, most people aren't going to stick to this. Your dad should tell him he has x amount of days to move. If he doesn't move, then take legal action.

I've been in this boat before and know all too well how it works in NC but I'm not familiar with every state's laws on it besides what Judge Judy and too many episodes of Cops have taught me

 

[The Mystery Machine]

All dad has to say is he does "not feel safe" to the police and they will extract him.

 

[hereyago]

I suggest your df consult a lawyer about it. It varies from state.

 

[princesszelda]

We had a similar issue with my MIL she let my BIL and his SO live with her. Things got bad and the cops were called. We ahd to serve them eviction papers because she let them live there even if there names are not on any bills, lease etc. Your DF needs to go to the court and get the ball moving.

 

[Julie's Haircut]

You need to be careful. The nephew could claim residency if he's been there more than a certain amount of time. Your father probably can't just kick him out or change the locks. Best to consult a lawyer and follow the legal procedures for your state.

 

[storzo]

Depending upon local laws he could be considered a tenant/resident and notice would have to be given. If he still does not leave the eviction process would have to be done with the courts.

Then police will not remove him. It is a civil matter and he is legally there. If your father is truly in danger/fear he should apply for an emergency restraining order then the nephew can be made to leave immediately.

Is the basement legal for occupancy. If it is not your father could face fines and/or have to pay relocation costs depending on local laws.

 

[spinandmarty]

I'm sorry cause it's family, but I would wait till he's gone put all his stuff on the porch and change the locks...

 

[Lynne M]

Sounds like a brief consultation with a lawyer would be in your dad's best interests.

 

[LargoLori]

I work in law enforcement and in my county he would have to be evicted through the court system. The fact that he does not pay or is not on the mortgage does not matter. I suggest you call your local court house or law enforcement agency for further information.

 

[low-key]

If your nephew receives mail from that Address and your dad said yes he could stay there at any time, and your dad wants out today and starts legal paper work, the kid could stay for 6 mo, even if he pays nothing

 

[scrapquitler]

I think that technically your Dad has to give the nephew 30 days and go thru legal channels to do a formal eviction, and doing so would protect him from any legal trouble that your nephew might choose to stir up. However, your Dad may have some other options given that he is 86 years old and feels like he is in danger. Elder abuse is something that is taken very seriously, and that might change things in this situation. I'd suggest that your Dad consult an attorney. And if anything happens, have him call the police so there is a record, just in case.

 

[dja14]

I agree. Attorney, maybe an Elder law attorney. If he feels unsafe and all that is going on he may have more cause.

Personally I would also take some pictures of property before he gives him notice just in case. But I am getting so I trust less the older I get

 

[Pumbaa_]

Consider offering the nephew money to leave. Shouldn't have to buy it could speed up the process and eliminate drama.

 

[kaytieeldr]

This site https://www.rocketlawyer.com/article/roommate-eviction-article.rl seems most applicable to this specific situation, assuming your dad owns the house and isn't a renter himself. It specifically adresses removing a family member.