My mother wants to kick her boyfriend out of the house legally. What are the steps she must take? He won't go willingly so she must take legal action.
2006-09-19 08:25:26 · 18 answers · asked by ? 3 in Family & Relationships ➔ Marriage & Divorce
All she has to do is call the police and tell them that she wants him out and wishes to put a restraining order on him. Next time he comes within like 200 feet, she can have him arrested.
2006-09-19 08:28:16 · answer #1 · answered by tbayxxxv 4 · 1⤊ 0⤋
Your first best bet is to contact a lawyer to help you out to make sure you don't do something illegal.
In the instance that the boyfriend has nothing to do in regards to the house; i.e. not part of the mortgage (if that's the case), or in the case of a rented appartment, he doesn't appear on the lease & THEN, call the police & tell them that he's trespassing & either want him to be arrested for this or thrown out.
I still believe that your best bet (although it may cost you) is to first speak with a lawyer!
Good luck & out the door he goes!!
2006-09-19 15:42:42 · answer #2 · answered by Wolfe222 2 · 0⤊ 0⤋
Get a restraining order first have the cops serve it and remove his belongings all the same day. I think this will work for a while even if his name is on the lease and it would give you time to get a lawyer
2006-09-19 15:44:14 · answer #3 · answered by daydreambeliever0000 4 · 0⤊ 0⤋
She'll need to get a restraining order on him before he gets one on her. Then call the police to have him removed. Just remember he can do the same thing to her as well, and she'll have to move, unless your Mom owns the house.
If she's renting, she'll need to also have the landlord remove him from the lease, once the restraining order is in place.
The police should allow him to remove his things, but he'll have to do it expeditiously.
It's better if your mom could talk him into moving out on his own.
2006-09-19 15:39:57 · answer #4 · answered by Julie W 2 · 0⤊ 0⤋
No need for legal actions. Just dump his belongings in the sidewalk when he is not in and lock all room doors and change the front/back door locks. He will be locked out.
2006-09-20 03:10:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
She has to legally evict him as if he was a tenant.. she has to give him 30 days notice.. after 30 days is up the police will make him leave..
2006-09-19 15:39:13 · answer #6 · answered by brwneyedgrl 7 · 1⤊ 0⤋
If your mother bf is not paying any rent , call the the cop's.. If he is doing anything illegal call the Cop's .. If he is paying rent and have his name on the least , she must take legal action..
2006-09-19 15:32:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Have her go to the district court in your state and get a 30 day eviction notice.
2006-09-19 15:40:36 · answer #8 · answered by cheetah7 6 · 0⤊ 0⤋
IF it's her home (as in title/deed) she must evict him. IF they are both on a lease/rental agreement -- it's a hornets mess.
If it's her home - - If there is any kind of abuse or threats going on, she should call the police, report the abuse/ they'll come arrest him and while he's gone she can get a restraining order.
If it's her home -- she can put all of his stuff in storage for 30 days, change the locks on the house, and kick him out like an old fashioned lovers quarrel -- but this way he can't claim she kept his stuff, kept him away from his belongings, mentally aggravated him -- she could rent him a room in a hotel for two weeks to he can't claim to a hotel he was left homeless and unable to work - - ( and if you've seen the court tv shows you know how this goes)
. If he shows up acting wild or threatening -- call the cops and let them take care of him, if he's really wild they'll arrest him and she can get a restraining order.
If this man is mentally unbalanced and owns guns or has a criminal record, your mother should be very careful and have the police impound his weapons as part of the restraining order.
Eviction is the best bet - - if everyone lives through it. The problem with eviction is if they are just shacking up -- there is no tennant/landlord agreement - - which pretty much is why there were eviction laws to begin with.
To get someone out of your home who does not have a tenant landlord agreement is hard. However, your mother in a quit claim deed or a simple transfer of property -- can sell/give her home to you legally (temporairly of course) and YOU can kick him out yourself with a simple call to the police.
Be careful this guy sounds like a thug. Who in the heck wants to insist on living somewhere when they aren't welcome? I'll tell you who!! a user, a sicko, someone who will be vindictive.
PS: Before your mother does anything -- she should get a copy of his drivers license and his social security number and go online and fork up the 39.99-59.99 full background information check on him, including credit checks, liens, to see what kind of person he really is. This is to include past felons, time served in jail, prison, alias names he may have used in the past.
She ALSO ASAP needs to go online and check her credit and before tipping him off anymore - - needs to make sure he has no access to any of her banking information, credit cards and make sure he has not signed the title on her car unknowingly or opened up any creditcards in her name while living with her. He could potentially leave her with thousands and thousands of dollars worth of debt that will take years to undo.
Until your mom gets BOTH of these things done, she needs to lay low. She also needs to make sure he has not signed himself on as the secondary to any banking accounts, life insurance policies (known or unknown). This may sound like overkill -- but he's already shown you and her his card. He thinks of himself, he has moved in on her and will NOT move out -- - when people do things like this -- there's something wrong with them. I'm banking a background investigation will reveal all sorts of things he'd rather not anyone find out.
To your good though -- - if there are any outstanding arrest warrants -- or court orders he has failed to comply with -- like say he didn't show up for court ordered anger management classes/failed to appear for hearings/didn't report for treatment/didn't make restitution for bad checks/court fees (and so on) -- your mother can activate the arrest warrants with a bondsman -- and they'll go after him sort of like a bounty hunter.
Your mom shouldn't go into this haphazardly. She needs to lay low, get her ducks in a row, and then sink the skumbucket.
An attorney once told me how to win when you are up against people who are bad:
"you put your foot on their juglar and you don't take it off until they stop squirming".
A little harsh -- but never go into any situation like this thinking people play fair, that people are reasonable or that it can't get worse.
2006-09-19 16:00:15 · answer #9 · answered by rescuehearts.org 2 · 1⤊ 0⤋
Get a lawyer who specializes in this subject area or call your local police department and ask for help if you are in the US.
2006-09-19 15:29:54 · answer #10 · answered by lg traveler 2 · 0⤊ 0⤋