How to 'evict' family member in Ohio?

[HeartlessInfamy]

I apologize if this is in the incorrect forum.

My parents and family are having issues with one of their sons, my brother, and we are trying to figure out legal methods to get him out of our house.

My parents seem to believe that you have to go to court and actually have him evicted. I know it may be that way in some states, but I'm not sure if it is in Ohio. He is not paying rent.

He is highly abusive, an alcoholic, and completely heartless. He is destroying our home. We just spent several thousand dollars replacing doors on the interior of our home and he recently put his fist through one of the doors. This morning we noticed the large holes he had put into the wall in his bedroom.

Just yesterday he grabbed my mother's wrists, pushed my father, and got tackled by one of my other, much larger brothers. The stress level in our home has increased ten fold since he's been here, and we are really trying to figure out the legal methods to have him removed.

Do we wait and call the police? I don't think my parents want to see him arrested, because he would likely lose his job and then he'd be forever screwed. My parents have given him a week to remove himself from our property, so when he is not gone in a week, do we just call the police? I'm not sure how this works, so any advice would be appreciated.

 

[I AM ALWAYS LIABLE]

Do we wait and call the police? I don't think my parents want to see him arrested, because he would likely lose his job and then he'd be forever screwed. My parents have given him a week to remove himself from our property, so when he is not gone in a week, do we just call the police? I'm not sure how this works, so any advice would be appreciated.

My response:

This is one of the most confusing posts I've read in a long time.

You do want to evict him, you don't want to evict him. You want to call the police, and you don't want to call the police.

When you decide what you really want to do, and have come to a rock solid agreement with your family, then come back and we'll discuss your actual decision.

IAAL

 

[HeartlessInfamy]

My response:

This is one of the most confusing posts I've read in a long time.

You do want to evict him, you don't want to evict him. You want to call the police, and you don't want to call the police.

When you decide what you really want to do, and have come to a rock solid agreement with your family, then come back and we'll discuss your actual decision.

IAAL

I never said we did not want to evict him. I said that I do not think my parents want to have him arrested because he will lose his job and be either homeless or he'd still be here.

Think about it: if you want someone to get get out of your house and find their own place to live, are you going to remove every source of income they have? I don't think that'd be all too intelligent, because I don't think my parents really want to see their kid homeless, and I know they don't want him here.

I have no idea where you get that we don't want to evict him.

 

[I AM ALWAYS LIABLE]

My response:

You're right. I'm the one that's confused, not you.

Have a nice life with "Brother Destructo".

IAAL

 

[HeartlessInfamy]

Hahaha. It appears to me that you share several traits with my brother. It's amusing, really.

 

[I AM ALWAYS LIABLE]

My response:

Ha, ha, ha, but you have to live with the real thing! Now THAT'S amusing!

What a dufus you are!

IAAL

 

[HeartlessInfamy]

My response:

Ha, ha, ha, but you have to live with the real thing! Now THAT'S amusing!

What a dufus you are!

IAAL

Hahahaha. I go away to college in two months!

What a dufus you are!

You came into this thread and started trouble. Looking at your profile and estimating your age based on your time in law, you have some serious issuses, I do believe. I think some growing up is in order.

And then seeing your post count is just frightening. Geez!

 

[Shay-Pari'e]

Hahahaha. I go away to college in two months!

What a dufus you are!

You came into this thread and started trouble. Looking at your profile and estimating your age based on your time in law, you have some serious issuses, I do believe. I think some growing up is in order.

And then seeing your post count is just frightening. Geez!

Might I add that you in fact came here and posted. Did you receive a response? Did you not expect someone to jump into your thread? You are not hearing what "YOU" want to hear.

Your brother is destroying your parents home, what do you want advice about? Enabling????????

 

[HeartlessInfamy]

Might I add that you in fact came here and posted. Did you receive a response? Did you not expect someone to jump into your thread? You are not hearing what "YOU" want to hear.

I received a condescending and insulting response. I expected people to come into my thread and post information regarding ways to remove a family member from our home and any and all legal maneuvers necessary in order to force him out.

The response I received was nothing less than unruly, insulting, uncalled for and ridiculous.

Your brother is destroying your parents home, what do you want advice about? Enabling????????

I understand my post may have been a little confusing, as I didn't know how much information I needed to include; however, I do believe I made it quite clear that I needed to know if we had to go through the courts to get him evicted, or if he must leave as directed by the head of the household.

The enabling question was absolutely nothing short of ludicrous.

 

[Shay-Pari'e]

I received a condescending and insulting response. I expected people to come into my thread and post information regarding ways to remove a family member from our home and any and all legal maneuvers necessary in order to force him out.

The response I received was nothing less than unruly, insulting, uncalled for and ridiculous.



I understand my post may have been a little confusing, as I didn't know how much information I needed to include; however, I do believe I made it quite clear that I needed to know if we had to go through the courts to get him evicted, or if he must leave as directed by the head of the household.

The enabling question was absolutely nothing short of ludicrous.

No it wasn't, you and your parents are enabling him. The answer is easy, kick the guy out. Pack his crap and put it on the front lawn and change the locks.

If he is a drunk, I can only assume he did not sign a lease agreement with your parents.


Just Kick him out.

 

[HeartlessInfamy]

No it wasn't, you and your parents are enabling him. The answer is easy, kick the guy out. Pack his crap and put it on the front lawn and change the locks.

If he is a drunk, I can only assume he did not sign a lease agreement with your parents.


Just Kick him out.

I am not enabling. I try my best not to even talk to him.

And I have suggested that to my parents many times. I think it's a great idea. My parents seem to believe that you have to have a court order. I don't think that's the case.

 

[stealth2]

The problem is, however, that by NOT calling the cops when he starts destroying their home, your parents are enabling your brother and his behavior. Why none of you felt the appropriate reaction to this:

Just yesterday he grabbed my mother's wrists, pushed my father, and got tackled by one of my other, much larger brothers.

was calling 911 is beyond me. If your parents care so deeply about their son (and as a parent, I would bet that they do, even with all of his faults), they would recognize that he is in need of serious help. They do him no favors in allowing him to terrorize their home. What will it take for them to realize that he needs to be pulled up short? Breaking your mother's arm? Giving your father a heart attack? Having him lose control and hurting - perhaps killing - someone he works with? Call the cops next time he loses it.

 

[cibyr]

I am new in here too

But it sounds like should just kick the guy outof the house and change the locks because the house belongs to yor parents and they should decide who live in the house.

I know about losing the job and worry about homeless stuff like that, but anger would be the major problem. Cops can get him help if he does that over and over again and has a record. Maybe force him to get into anger management counseling or something like that?????

Make him pay the price, then hopefully he won't do it again. If he could abuse your parents, the he marry he could do that tohis wife and kids, better try get him help that he needs??????

Keep in mind I amnot legal but I have seen situations like that happen before and it will get worst and worst if you do not put a stop to it right now.

 

[BleedingHeart]

MN. Been there done that twice. I know your parent's love their son, but
enough is enough. If they can't do something about your brother then you
must do it for them. Before he kills someone!! Some states do have laws
as to when a person of family can be evicted. My brother in NY has a prob.
son and can't evict him till age 21. The age here is 18. I don't remember reading your brother's age. Otherwise, NO court order needed with no signed
rental agreement. Change all the locks on the house. I had a locksmith come over and do this to my apt. once because of a daughter. Tell him he can come to get his stuff With a police escort OR bag his stuff up and put it in the yard. He has put fear into your mother by grabbing her. I would take her to get an Order of Protection. All they really do is set a paper trail on his actions but sometimes they really do work. Then call police if he returns so he can spend a night in jail to think about it. Grabbing and pushing is abusive and could become assualtive if the person fell not to mention it could kill them. A person who drinks can become very dangerous so don't wait and think you can "help" him. He won't accept help Or stop drinking until he is ready to do so himself.
The police can take him to Detox at your request instead of jail as long as
he is just drunk and you ask them to. The only other thing besides AA I can think of that could help him would be a group of professionals and family to
get together and confront him with his actions and changes needed and to
let him know that you all are concerned for him and love him. I can not remember the name of this type of action. Do not attempt to do it yourselves.
Call your local AA and ask them what it is. Something like an interception but I think it starts with a D.
You do need to act for all sakes involved including his. He never has to know
it was you. If you don't stop making excuses for him he will eventually wind
up in Prison which is a LOT worse than jail. Love him now. Good Luck and God Bless. Mary

 

[jgerike]

How to 'evict' family member in Ohio

Snohomish County, Washington.

I have tried to read through the thread of this formum. All I have read is a bunch of insults and bickering. I would think that the person asking the original question would have been a bit more direct. However that comes with growing up. Although, I would also think that anyone responding to give advice could be more professional and mature. You're not leading by example. I'm sure I'll get a lot of crap for my response.

I have nearly the exact same issue as in this forum stream. I'm 39 and my 41 year old Brother is living in my parents home. we believe he has issues with Drugs as well as depression. My parents want him to move out and find a place of his own. But he cannot hold a job, does not have income and is verbally abusive to my parents any time they try to tell him to leave. He has lost all touch with reality

One of the responses to this thread sounded like they were suggesting that this guys parents tell him to "just get out of the house" and stuff like "Get him into AA". A person will not do these things if you "JUST" tell them to do it. The A$$hole family member has to have a grip on reality. If they do not......absolutely nothing will work.

Unfortunately, from some of the law that I have read in various states...my brother and the other idiot in this formum are legal residents of thier parents home. They cannot simply be locked out. They have rights under the various state, city and county Tenants acts (assuming they exist in each county or city).

It is my belief from all that I have read that an eviction proccess must be started and after the time period has expired if the idiot in question has not vacated the premisis he is trespassing. I am still investigating this.

My Questions: If there is anyone with any "Actual" Knowledge here.....

1. Do States, Counties or cities require the filing of eviction notices for family members ?

2. Is it legal to change the locks to deny the "tenant" entry into the premises?

3. Is an attorney required to work through these issues?

There is nothing that anyone of this formum can advise me about regarding the personal nature of the issues we are having with my brother. I've been through more than I need to explain. So...no personal advice. If it was up to me...I throw my brother out on his A$$. IT IS JUST NOT THAT SIMPLE. And if anyone thinks that it is......YOU"RE WRONG !!