lpzangelica26
New Member
I have owned my home for a little more than 15 years. I live here with my husband and 3 teenage kids. My parents were also living with us, but they moved out on December 2012.
Back in 2001, my parents accepted my brother to move in and stay in one of the rooms that belonged to my parents. They said they were helping him out until he got back on his feet, since he had been in prison for 9 years. "Well, he never got back on his feet." He is very problematic and violent person that my parents chose to move away from here rather than deal with him and ask him to leave. They are afraid of him. I didn't want to deal with him since 1) they were the ones that had brought him in and 2) I wanted to avoid any fights between my brother and my husband.
Anyway, after my parents left my brother was telling people that he was not going to leave. That he will burn the house down if had to leave. (forgot to mention that he has his 8 year old son living with him) He has been able to stay this long since we did not have the money to evict him.
Suddenly, one day in MAY 2013 he sent me a letter asking me to let him stay. To do it for his son. As much as I didn't want to, I still wasted time trying to decide if I should let him stay. At the begining of July I sent him an UNSIGNED Agreement Letter (it was actually posted on his door) listing how much I wanted for rent and setting conditions for him. I set certain conditions/rules since he has a lot of strange people that are homeless and do drugs that come and look for him. I let him know that I did not want to see certain people coming into the property, since they are always on drugs and steal anything they can get. That my family and I wanted safety and privacy. He got really upset about something that he started texting me stuff like "don't worry you will get your F***** money", "I will follow your 10 commandments", accused my son of peeping in his window to see his girlfriend and him having sex, that he hated this house he is only asking to stay since he has nowhere else to go, etc. After seeing this text, I immediately texted back "disregard what I offered." I let him know that I needed him out in one week. Of course, that did not happen. He posted something up on facebook (indirect) saying that he wanted to kill, that he was going to kill, that no door, wall or gate was going to stop him, blah, blah, blah!! I took this serious. My brother has always been a bully and intimidates or has tried to intimidate others. I fear for my kids.
Anyway, more has happened, but yesterday I went to the DEPARTMENT OF CONSUMER AFFAIRS and the person there considers him a lodger. She just hesitated a little and said that this sounds complicated. She considers him a lodger, but at the same time he is family and he has been there since 2001. She was not sure if I would have to go through the eviction process or give him a notice and have sherriff's ask him to leave if he continues here as a trespasser. She believed I could just treat all this as a lodging case and not a tenancy case. He has never paid rent, nor paid in return with any type of service, nor paid any utilities.
Can I treat him as a lodger? This is a single-family residence and I have access to the whole house, but just recently I put up cardboard posters between my living room and dining room so we won't have to face each other. There is too much tention and stress. My family is sick of all this.
Back in 2001, my parents accepted my brother to move in and stay in one of the rooms that belonged to my parents. They said they were helping him out until he got back on his feet, since he had been in prison for 9 years. "Well, he never got back on his feet." He is very problematic and violent person that my parents chose to move away from here rather than deal with him and ask him to leave. They are afraid of him. I didn't want to deal with him since 1) they were the ones that had brought him in and 2) I wanted to avoid any fights between my brother and my husband.
Anyway, after my parents left my brother was telling people that he was not going to leave. That he will burn the house down if had to leave. (forgot to mention that he has his 8 year old son living with him) He has been able to stay this long since we did not have the money to evict him.
Suddenly, one day in MAY 2013 he sent me a letter asking me to let him stay. To do it for his son. As much as I didn't want to, I still wasted time trying to decide if I should let him stay. At the begining of July I sent him an UNSIGNED Agreement Letter (it was actually posted on his door) listing how much I wanted for rent and setting conditions for him. I set certain conditions/rules since he has a lot of strange people that are homeless and do drugs that come and look for him. I let him know that I did not want to see certain people coming into the property, since they are always on drugs and steal anything they can get. That my family and I wanted safety and privacy. He got really upset about something that he started texting me stuff like "don't worry you will get your F***** money", "I will follow your 10 commandments", accused my son of peeping in his window to see his girlfriend and him having sex, that he hated this house he is only asking to stay since he has nowhere else to go, etc. After seeing this text, I immediately texted back "disregard what I offered." I let him know that I needed him out in one week. Of course, that did not happen. He posted something up on facebook (indirect) saying that he wanted to kill, that he was going to kill, that no door, wall or gate was going to stop him, blah, blah, blah!! I took this serious. My brother has always been a bully and intimidates or has tried to intimidate others. I fear for my kids.
Anyway, more has happened, but yesterday I went to the DEPARTMENT OF CONSUMER AFFAIRS and the person there considers him a lodger. She just hesitated a little and said that this sounds complicated. She considers him a lodger, but at the same time he is family and he has been there since 2001. She was not sure if I would have to go through the eviction process or give him a notice and have sherriff's ask him to leave if he continues here as a trespasser. She believed I could just treat all this as a lodging case and not a tenancy case. He has never paid rent, nor paid in return with any type of service, nor paid any utilities.
Can I treat him as a lodger? This is a single-family residence and I have access to the whole house, but just recently I put up cardboard posters between my living room and dining room so we won't have to face each other. There is too much tention and stress. My family is sick of all this.
