Divorcing wife, trying to remove her brother

[sky7051]

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

Last Sept (2012) my then wife allowed her brother to move into our home, at the time I didn't have issue. My wife and I are now divorcing and she's been removed from the home on court orders. I've also asked her brother to find somewhere else to stay, but now want him completely out and he's threatening legal action against me. What rights do I have as the homeowner? Can I just tell him to pack his stuff and get out?

 

[Proserpina]

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

Last Sept (2012) my then wife allowed her brother to move into our home, at the time I didn't have issue. My wife and I are now divorcing and she's been removed from the home on court orders. I've also asked her brother to find somewhere else to stay, but now want him completely out and he's threatening legal action against me. What rights do I have as the homeowner? Can I just tell him to pack his stuff and get out?

No you can't. You'll have to evict him formally per WA state laws.

 

[sky7051]

No you can't. You'll have to evict him formally per WA state laws.

I'm serving him a 20 day notice to vacate then tonight when he comes to gather some belongings. Because our agreement was always verbal and he had no keys to the home, do I have to provide him with keys and such if he requests? I'm worried about personal belongings disappearing from the home, and or him allowing her in the home while I'm at work. Is there any protection other than after the fact going to the police?

 

[Proserpina]

I'm serving him a 20 day notice to vacate then tonight when he comes to gather some belongings. Because our agreement was always verbal and he had no keys to the home, do I have to provide him with keys and such if he requests? I'm worried about personal belongings disappearing from the home, and or him allowing her in the home while I'm at work. Is there any protection other than after the fact going to the police?

You're doing the right thing by giving him notice. Yes, you'll have to abide by the law until he's actually ordered to leave - I know it's a pain, but you can't withhold the keys if he requests them. He's legally a tenant.

Because he's a legal tenant, unless your ex is legally restrained from entering the home (which would be highly unusual without an order of protection or similar) he can allow her to visit.

 

[sky7051]

You're doing the right thing by giving him notice. Yes, you'll have to abide by the law until he's actually ordered to leave - I know it's a pain, but you can't withhold the keys if he requests them. He's legally a tenant.

Because he's a legal tenant, unless your ex is legally restrained from entering the home (which would be highly unusual without an order of protection or similar) he can allow her to visit.

Yes she is legally restrained from the home/my work/children's school. I struggle with this because he is currently staying with her and uses her vehicle (he doesn't own one) so I know the odds are really high that she will end up there while I'm away and I'm already battling her through the legal system for personal (separate property) items she has removed from the home and sold. Also, from what my reading online is telling me and maybe you can help, I cannot evict him without a lawyer?

 

[FarmerJ]

Your free to lock your own bedroom or say you want to lock your closet I do not see a problem with that, you just cannot lock him out of the home itself, he has no legal beef with you as long as you give him proper notice and If he never had a key before I gotta ask ? was someone just about always home before when his sister lived there ?

 

[OHRoadwarrior]

If he is staying with her, he has abandoned tenancy at your home. Where does his mail go?

 

[sky7051]

I asked him to leave with her, he filed declarations against me with her trying to have me kept out of the home. She was removed from the home by the courts and he's been staying with her. She always refused to let him have a key and she never worked so was always home with him. He was living in the home because she wanted to help him get back on his feet after drug rehab, however they're both now using (although I don't have physical proof).

 

[Proserpina]

Yes she is legally restrained from the home/my work/children's school. I struggle with this because he is currently staying with her and uses her vehicle (he doesn't own one) so I know the odds are really high that she will end up there while I'm away and I'm already battling her through the legal system for personal (separate property) items she has removed from the home and sold. Also, from what my reading online is telling me and maybe you can help, I cannot evict him without a lawyer?

you don't need an attorney - you can do this yourself

Read these:

http://www.tenantsunion.org/rights/section/eviction

http://www.avvo.com/legal-guides/ugc/the-eviction-process-in-washington---a-summary

http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.365

http://washingtonlandlordtenant.info/free-eviction-forms/three-day-notice-to-pay-rent-or-vacate/

If you can't find what you want there, just let us know.

I'm in WA and this state is surprisingly landlord-friendly

 

[sky7051]

Outstanding, Thank you

 

[Proserpina]

Outstanding, Thank you

You're welcome! If you need anything else you think we can help you with, just holler!

 

[OHRoadwarrior]

If the terms of his tenancy were that he not have a key, I would not give him one.

 

[FarmerJ]

OHRoadwarrior

If the terms of his tenancy were that he not have a key, I would not give him one. < I agree here, if he never had a key I dont see any reason that he have one now. I suggest you just learn what the consequences are in your state if you did lock him out , If he has been staying else where then Id suggest you use the links above to talk with a atty who can search your states laws to see if you can go the abandonment route. Id suggest you use a camera to take pics of his things that he has left there , as well as your own.