Tresspass or Eviction?

[m_kent]

How does one proceed to remove a 24 year old son from their home? There is no agreement in place. Is this a matter of tresspass or eviction?

Thanks

 

[Duranie]

you might have to go through formal eviction proceedings but I would start by writing him a letter and telling him he is being given his 30 day notice to move. You could probably even get away with giving less than 30 days it is unlikely he is going to pursue anything legally. If he is a total bum and does not pay any rent then a judge would unlikely rule in favor of him.

What tactics have you tried? does he pay any rent?

 

[m_kent]

Tactics tried

Thanks for your attention. This has been going on since April '05. When he began working, we required he pay $500/month room and board. He offerred $100, which he has been paying. He has been informed numerous times that $100 was not acceptable, that he must provide pay stubs if he wants to negotiate a different amount, and that we consider the $400 difference debt he is accruing to us. This has been in writing (email and posted on his door).

About Dec. 5, I instructed him to leave by Jan. 1 2006, and that a three-day notice will be coming.

There has never been a rental agreement signed.

 

[m_kent]

Tresspass or eviction

Any more thoughts on this. Since he has no lease or agreement, can I just change the locks and call the police if he attempts to enter?

 

[Duranie]

If he still will not leave then change the locks and let him know if he steps foot on the property he will be charged with trespassing.