my wife's 20 year old son (my step son) has been asked to move out and move on with his life. he seems to think we need an eviction notice to make him leave. is this true or do we need to just get a restraining order? he pays no rent or help to pay any of the bills. he wont get out and find a job because he doesnt have a car and he says he wont take a job paying minimum wage. he is wreaking havoc around our house with his temper. he's been incarcerated at one point and ordered to take anger management classes, which he hasn't done yet. short of physically picking him up and physically throwing him out the door, which would land me in jail, i just don't know what to do. please help.
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do i need an eviction notice or a restraining order
- Thread Starter r_seigart
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Gail_in_Georgia
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You would need an eviction notice to get him out. Quite often the police will not interfere with removing someone unless there is a court ordered eviction judgement as they believe this is a civil, not criminal matter.
Gail
Gail
well that dont make much sense thhat i would need an eviction notice for a live in that contributes nothing to the household and his name is not even on the rental agreement nor did we list him as even living here as he moved in a few months after we moved in, but thank you for the reply.
Gail_in_Georgia
Moderator
Here's what often happens...
Tenants (or parents) want to have a "reluctant" roommate/sibling/offspring out of the house. This person isn't likely to go without a fight. Tenants/parents call the police. The police will often not get involved, citing this is a civil and not criminal matter.
It doesn't matter that this person is not on the lease or contributes nothing financially to the household. Local law enforcement often takes the stand that you let them live there with your approval and thus they have a tenant/owner hold on the place.
This tends to happen ALOT when a single persons lets a boyfriend/girlfriend move in with them and when the relationship goes sour and they want them out of there.
Your best bet is to go the eviction route so you have a judgement granted in your favor toward this end.
Now; if this step son is making threats that have left you or his mother fearing for your lives, has attempted physical harm on you, etc. then yes, you can consider taking out a restraining order against him.
Gail
Tenants (or parents) want to have a "reluctant" roommate/sibling/offspring out of the house. This person isn't likely to go without a fight. Tenants/parents call the police. The police will often not get involved, citing this is a civil and not criminal matter.
It doesn't matter that this person is not on the lease or contributes nothing financially to the household. Local law enforcement often takes the stand that you let them live there with your approval and thus they have a tenant/owner hold on the place.
This tends to happen ALOT when a single persons lets a boyfriend/girlfriend move in with them and when the relationship goes sour and they want them out of there.
Your best bet is to go the eviction route so you have a judgement granted in your favor toward this end.
Now; if this step son is making threats that have left you or his mother fearing for your lives, has attempted physical harm on you, etc. then yes, you can consider taking out a restraining order against him.
Gail
yes, that has happened quite often. the threats that is. i know he's not serious though, therefore i don't fear for my life. he his always sorry and extemely appologetic afterwards and things are fine for a day. he is ADHD and has some severe anger issues. it got so bad it made his girlfriend, who had a child by him, leave and go back to kentucky. so if i have to evict him it'll take,what, 30 or 60 days that we got to put up with it? i mean his anger gets so bad, my wife can't even stay here when i'm gone (i'm a truck driver). she ends up going to her moms till i get back in town. so but what your saying is if he's making the threats, can we make him leave without notice? or is it gonna be a hearsay issue? we just cant keep taking it for too much longer.
Gail_in_Georgia
Moderator
What I'm saying is that you can consider filing a restraining order against him.
Whether this would be granted would depend on how detailed the information you present to law enforcement in terms of your wife fearing for her safety when she is alone with him and his temper flares.
Once granted he would typically be limited in coming within a certain number of feet of you or his mother and his ability to contact you would be limited. This would mean he'd have to leave the premises.
Gail
Whether this would be granted would depend on how detailed the information you present to law enforcement in terms of your wife fearing for her safety when she is alone with him and his temper flares.
Once granted he would typically be limited in coming within a certain number of feet of you or his mother and his ability to contact you would be limited. This would mean he'd have to leave the premises.
Gail
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