Is this legal?

Question

To make a long story short, my grandma and her husband, Austin, moved in with my family in Aug. 2004. She insisted that it would only be until Jan. 2005, so my parents decided no rent so they could get on their feet. Jan. came and it turned to Dec. 2005. During this time period they caused our bills to triple while giving us little to no help with it. Things became hostile and it got Ito the point where my brothers and I had to remain in the back of the house all day while my grandma and Austin took the living room and dining room. In Jan. 2006, a huge confrontation arose between my grandma and I when she threatened to hit my brother while my mom was out. I ended up having to leave for a few days and even though i was 16, i wasnt allowed to be home alone. When my dad found out about this, he told them they had to be out of our house by May 2006, but this was never enforced.
Even though they claim not to have enough to leave our house, they can afford to go on trips (more in details)

to France, and across the coutry. Several times it has been suggested that we take their things out of our house and either dump it outside or put it in storage and change the locks so they cannot return.
They are paying no rent and are constantly starting fights with my brothers (16 and 9), not me as much (Im 17 now). It has taken an emotional toll on my mom especially who now just lets them walk all over us in order to mainatin peace for herself and my dad is a trucker so he isnt home very often. It has gotten to the point where I have seriously considered moving in with other family against my mothers wishes so I cn be free from the stress they are causing.

Oh I guess I should mention I live in Cali

Answer 1

It's legal as long as your parents put up with it.

Answer 2

Depending on where you live you can't just put someone out on the street with out due process. If they've lived at the residence over 30 days even if they didn't pay rent your mooching relatives have rights. Simply putting their stuff on the street and locking them out can get you sued.

You have to officially evict them through the court system. Takes time and money. Found this out the hard way a few years back.

By the way tenant's rights does not cover any physical or emotional abuse. That is a criminal matter, call the cops any police reports of such activity will go a long way to help out with your eviction proceedings.

Answer 3

Well, the part about your grandmother Austin living with you seems legal, for as long as your parents will let them. However, almost hitting your could be seen as mental abuse (yes, a form of child abuse), especially if done on a regular basis. This definitely isn't ethical behavior on your grandma's and Austin's behalf, at least not in my opinion.

Your parents should seriously kick them out. They should set a deadline for them to leave, and if they don't willingly leave by the deadline, then they should call the police and have grandma and Austin escorted away. Feel free to call the police if you feel as though you or someone else is threatened by either your grandma or Austin.

Answer 4

Your mother is an enabler who is putting up with this, your father is acting like a child instead of a man by avoiding the problems, and your grandma is a lowlife, redneck blood sucker.

Unfortunately, your mother and father need to discuss this and come up with a plan together to rid themselves of this problem that they have allowed in their house.

If granny has ever paid any bills, some states may claim that they have established residency. You may have to have them legally removed. The important thing is that you come up with a plan that works for your family and that neither one of your parents back off of it. This has been going on for way too long. I would discuss your options with an attorney first. If he says they have no rights, then I would move their stuff out within 3 days. That 3 days would be all the grace I could muster for them. If they have rights based on their living their, retain the attorney to follow the correct procedure. If someone has made your life hell for this long, they would have no problem with suing you if you violate their "rights".

If I were you, I would bring up this issue with your parents as you will not be the one able to get it done. However, after starting down this path, I would let your parents know that if this doesn't move forward, or if they back off and let it continue longer, that you will be forced to move out to protect yourself. If you believe that and then ultimately say those words, be ready to live by it. Perhaps that will help your parents see the damage done by this unhealthy relationship.

Answer 5

What state? I know that in California, if they are recieving any mail at the house then it is considered their legal residence even if they are not paying any rent and the police can't kick them out. Your parents would have to give them a 30 day notice before law enforcement could help. I know this for a fact because the same situation happened with my best friend and even though her brother in law threatened to hurt her the cops could not make him leave. She ended up getting a restraining order against him and he had to move out because he could not be within 100 feet of her.

Answer 6

WOW!! They need to go, and go now.... When I stay at any ones home I respect the fact that it is not my home. They need to realize that they are guests, if they can afford trips they more than likely have cash flow. If I was your father they would be out... If that is not possible at this time ask your folks to set some rules. Make them turn all cash over to your dad, (he can start a bank account for them for a deposit on a place) Give them a curfew, let them know when they can eat, do the laundry etc. This will create order, Or it will run them off either way it will change your situation...

Answer 7

Not sure which Cali you mean, Colombia, South America? ;-)

Anyway, overstaying your welcome in a home (or anywhere else) is "trespassing" and there are ways to get these people out of your house before there is any more trouble. It's possible that they'll leave if they are given written notice from an attorney you hire to help you.

Worst case, you can file for a temporary restraining order because of your fear of physical assault from one or more of them, and they will not be allowed to come anywhere near you or they can be arrested.

Answer 8

That is not a long story made short. That is a longer story made slightly less longer, but your grandparents are buttholes and should be kicked out, and yes it is legal unless your parents put in for a restraining order or have the police forecefuly remove them.

Answer 9

Depends in which state you live in. If she is paying rent, then you would have to give her 1 to 3 months I believe notice to leave (notice must be written)..if they don't you can forcefully evict them. Now if they DON'T pay rent you can kick them out any day. Just calle the Sheriff and they will throw all her/his crap out in the street...again in depends where you live.

Answer 10

It is legal for them to be there as long as your parents are not "ordering" them to leave. If they are just passivly mentioning it, there is nothing that can be done. Your parents need to tell them to get out, or they will put them in a home.....he he he.

Answer 11

sorry, but they are freeloaders. they need to be given a move out date, enough time to save their money instead of blowing it on vacations, and then it needs to be enforced (remind your parents that they have this thing called a backbone). it is a shame that your grandparents took advantage of your families generosity instead of taking advantage of an opportunity to better themselves.