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52 year old dead beat son needs to be evicted. Eviction Process

Discussion in 'Eviction, Recovery of Premises' started by wilycouldoit, Feb 15, 2014.

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  1. wilycouldoit

    wilycouldoit Law Topic Starter New Member

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    I am 82, I let my 52 year old son stay with mefor about a year. He has been at odds lately and threatens me calls me names punches holes in my walls,breaks things like coffee tables chairs glass shelving, all this out of anger, he has never paid any rent and might help once in a while with food. But I am scared of him. I need to evict him before he tears my home apart but am not sure which eviction to use 3, 30,60
     
  2. disagreeable

    disagreeable Well-Known Member

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    I suggest you call the police and file a restraining order against him.
     
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  3. mightymoose

    mightymoose Moderator

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    A restraining order will be fastest. There is a possibility police can go further with elder abuse offenses.
    If he is the only one in the house with you can likely kick him out under the lodger law. Look into that and set things in motion. You don't have to put up with that behavior.
     
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  4. wilycouldoit

    wilycouldoit Law Topic Starter New Member

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    Can I use the lodger law even with no rent agreement! I let him stay so he can get back on his feet.(didnt work)
     
  5. wilycouldoit

    wilycouldoit Law Topic Starter New Member

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    It is odd to me that the police after being called said they found no marks on me and couldnt do anything about it. three times
     
  6. army judge

    army judge Super Moderator

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    The next time he attacks you, immediately call 911.

    He'll be arrested for elder abuse if he's attacked you, destroyed your property, etc..

    Recording him in action is also good proof.

    If possible, hide sevurity cameras or recording devices on your property.

    A security company can discuss this with you.

    When you get him out, don't be weak and allow him back.

    Don't wait on him to make a mistake (might take months) start eviction proceedings now.
     
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  7. wilycouldoit

    wilycouldoit Law Topic Starter New Member

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    Believe me I am not weak! he isnt attacking me he ia attacking my walls and furniture. I just want to make the right connection to the law so it dont fail me. 911 has been called. But I have no marks of hitting me which he isnt. threats of course but he hasent hit me yet.I just want him out so I can llive normal.
     
  8. Betty3

    Betty3 Super Moderator

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    At 82 years old you definitely deserve to live a "normal" & peaceful life. Start eviction proceeding. Good luck.
     
  9. army judge

    army judge Super Moderator

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    You said he threatens you, and you were scared of him.

    I offered you FREE suggestions.

    I pray you get peace that we ALL deserve to enjoy in our homes and lives.
     
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  10. CdwJava

    CdwJava Moderator

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    If he damages your property, call the police and ask to have him placed under private person's arrest for vandalism. However, understand that this may not result in a custodial arrest (i.e. jail) but it should result in at least a citation to appear in court for a misdemeanor (assuming the damage is less than $400). However, if he is considered a resident, it is arguable that his destruction of property might be considered a civl matter between you.

    You can then use this report/case as one of the grounds necessary to seek a restraining order. A CHO (civil harassment order) should be able to be obtained on a sliding scale basis if you haven't the money to pay for one. Check with the local courthouse and any self-help resources they have available for you.

    How long have you let your son stay with you? Does he have his own room? Does he receive mail there? All of these might effect the determination of his status as a resident or a lodger.

    And here is info on evictions:

    http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
     

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