Our son is now "SUE"

[RLS]

What is the name of your state (only U.S. law)? Michigan

We told our 33 year old son that he is no longer welcome to live with us after breaking the "Contract of Compliance" we all signed.
It has been almost 2 months since we informed him of that he is no longer welcome to stay with us.
He moved in 3 1/2 years ago. He was going to stay only a few months while he got back on his feet. OK.
Now is threatening to "sue" us for illegal eviction.
I have his email address but we do not know where he is staying/living.
I have emailed him a couple of times to have him get his personal belongings out of our house but he just responds that he will get them when he wins his law suit.
What would you suggest we do?

 

[JETX]

What would you suggest we do?

I suggest you do:
Send him an email advising him that he has 5 days to contact you and arrange removal of his property from your premises or it will be considered abandoned and:
1) Will be stored for an additional 14 days at $25.00 per day storage fee.
2) If not recovered within the 14 days, all the property will be sold with the proceeds applied to 'storage and handling fees' and any unsold items will be disposed of without recourse.

If he doesn't remove the property, you will have to VERY CAREFULLY document (pictures, videotape) everything that he has in your premises, then hold a garage sale.

Naturally, keep copies of ALL documents, inventory list, pictures, video, etc.

 

[ERAUPIKE]

What is the name of your state (only U.S. law)? Michigan

We told our 33 year old son that he is no longer welcome to live with us after breaking the "Contract of Compliance" we all signed.
It has been almost 2 months since we informed him of that he is no longer welcome to stay with us.
He moved in 3 1/2 years ago. He was going to stay only a few months while he got back on his feet. OK.
Now is threatening to "sue" us for illegal eviction.
I have his email address but we do not know where he is staying/living.
I have emailed him a couple of times to have him get his personal belongings out of our house but he just responds that he will get them when he wins his law suit.
What would you suggest we do?

You may want to review the tenant/landlord laws for your particular city. These laws vary greatly and often side heavily with the tenant. You have every right to "evict" your son but it is in your interest to ensure you did it correctly. His belongings may become abandoned property after a specified period of time. You may be required to inform him through certified mail that he needs to pick up his items before they are liquidated. The advice given to you by the senior member may actual result in legal detriment to you. Without knowing the exact area you reside it is impossible to cite any actual laws that may apply to this situation. Your best bet is to invest some time in learning the codes that apply or consulting with an attorney.

 

[JETX]

You may want to review the tenant/landlord laws for your particular city. These laws vary greatly and often side heavily with the tenant. You have every right to "evict" your son but it is in your interest to ensure you did it correctly. His belongings may become abandoned property after a specified period of time. You may be required to inform him through certified mail that he needs to pick up his items before they are liquidated. The advice given to you by the senior member may actual result in legal detriment to you. Without knowing the exact area you reside it is impossible to cite any actual laws that may apply to this situation. Your best bet is to invest some time in learning the codes that apply or consulting with an attorney.

I guess you missed the part where they said that the son has already moved out ("we do not know where he is staying/living.")!!!

 

[ERAUPIKE]

I guess you missed the part where they said that the son has already moved out ("we do not know where he is staying/living.")!!!

Nope, I did not miss that at all. There is a set legal procedure to legally evict someone from a dwelling. There are also regulations that govern those legal actions. It would be in the interest of the OP to review those regulations and follow them to avoid any legal liability for their actions.

I think you may have confused your opinion for actual legal advice.

 

[Antigone*]

I'm confused Isn't this the juvenile law forum, or am I in the twilight zone

 

[Ohiogal]

I'm confused Isn't this the juvenile law forum, or am I in the twilight zone

I was hoping for something a little more interesting based on the title -- maybe their minor son Steve decided to become their daughter Sue. Instead it is landlord tenant stuff regarding their ADULT child. Reading is fundamental. Apparently, comprehension is not.

 

[Just Blue]

I was hoping for something a little more interesting based on the title -- maybe their minor son Steve decided to become their daughter Sue. Instead it is landlord tenant stuff regarding their ADULT child. Reading is fundamental. Apparently, comprehension is not.

That is exactly what I thought based on the title of the tread.

 

[JETX]

Nope, I did not miss that at all. There is a set legal procedure to legally evict someone from a dwelling. There are also regulations that govern those legal actions. It would be in the interest of the OP to review those regulations and follow them to avoid any legal liability for their actions.

I think you may have confused your opinion for actual legal advice.

Let me try to help educate again:

An eviction process must start with a written notice to terminate a tenancy. If the tenant leaves on their own, then there is no further action required since the purpose of the 'notice' was met. To make it really simple for you.... once the tenant has vacated the property, an unlawful detainer action (lawsuit) is NOT required.

eviction
n. a generic word for the act of expelling (kicking out) someone from real property either by legal action (suit for unlawful detainer), a claim of superior (actual) title to the property, or actions which prevent the tenant from continuing in possession (constructive eviction). Most frequently eviction consists of ousting a tenant who has breached the terms of a lease or rental agreement by not paying rent or a tenant who has stayed (held over) after the term of the lease has expired or only had a month-to-month tenancy.

 

[ERAUPIKE]

Let me try to help educate again:

An eviction process must start with a written notice to terminate a tenancy. If the tenant leaves on their own, then there is no further action required since the purpose of the 'notice' was met. To make it really simple for you.... once the tenant has vacated the property, an unlawful detainer action (lawsuit) is NOT required.

eviction
n. a generic word for the act of expelling (kicking out) someone from real property either by legal action (suit for unlawful detainer), a claim of superior (actual) title to the property, or actions which prevent the tenant from continuing in possession (constructive eviction). Most frequently eviction consists of ousting a tenant who has breached the terms of a lease or rental agreement by not paying rent or a tenant who has stayed (held over) after the term of the lease has expired or only had a month-to-month tenancy.

You have no way to know the actual laws that would govern this particular situation because you do not know the area this family resides in. The landlord-tenant laws are likely very different then any of those you are familiar with.

 

[frylover]

I was hoping for something a little more interesting based on the title -- maybe their minor son Steve decided to become their daughter Sue. Instead it is landlord tenant stuff regarding their ADULT child. Reading is fundamental. Apparently, comprehension is not.

I must admit I was a little disappointed. The whole thing was a bit anti-climactic!

 

[Isis1]

That is exactly what I thought based on the title of the tread.

oh good, so then now i don't feel so silly.