How To Evict a Physically Abusive Tenant

[Mathew_Hair]

What is the name of your state? Oklahoma

How to evict a physically abusive tenant?

My grandmother owns a house in Oklahoma where I live with both my mother and her abusive boyfriend. I'm her (my grandmother's) grandson and I could use some advice. She is elderly and unable to do a lot of things and my mother and her boyfriend are both alcoholics. I am seeking some advice on the situation if possible.

The boyfriend moved in back in Decemeber of 2018, but my grandmother never created a lease because my mother trusted him and he hadn't previously been abusive (as far as I know).

He is now, but the police say they can't arrest him unless she has cuts or bruises.

We went to the courthouse and got paperwork for a Notice To Quit and Eviction papers. My mother spoke to a court clerk awhile back who said that if the boyfriend receives mail at the property, which he does, that there is no need for a lease agreement. Is this true?

If not, do we need an attorney to help draw up a lease agreement?

Also do we need an attorney for either the Notice To Quit or the eviction notice?

Any other advice that may help to expedite the process would be greatly appreciated. Thank you in advance.

 

[justalayman]

If your grandmother is in fear for her safety she can file for a restraining order or order of protection (whatever your state calls it). That should get him out of the house.

In the meantime
Do not allow him to sign a lease. He is a tenant regardless of not having a written contract. Go through with the termination of tenancy and eviction if necessary

 

[adjusterjack]

He is now, but the police say they can't arrest him unless she has cuts or bruises.

But your mother can take out a Victim Protective Order. Then the police will remove him from the house.

Read the following article. It gives you the statutory authority.

https://www.oklahoma-criminal-defense-lawyer.com/faq/restrainingorders/
Here's a link to the statutes:

https://law.justia.com/codes/oklahoma/2018/title-22/

if the boyfriend receives mail at the property, which he does, that there is no need for a lease agreement. Is this true?

Unfortunately, true. He's a tenant at will. See Oklahoma statute 41-1:

https://law.justia.com/codes/oklahoma/2018/title-41/
Termination of tenancy requires 30 days notice per 41-4. Note the requirements for service of notice in 41-9.

These notices should be written by your grandmother as she is the owner of the house. You and your mother are also just tenants at will.

Also do we need an attorney for either the Notice To Quit or the eviction notice?

Entirely up to you folks.

 

[FarmerJ]

A tenancy with out a lease is also called a month to month tenancy or a At will tenancy, those situations happen a lot and states have written statutes spelling out how much notice to change something a landlord or tenant must give , SO on a landlords end of things if a landlord who wants to raise rent or say make a change like telling a tenant to get out and the rental is month to month then the LL must issue a written notice telling the tenant they must vacate, and give the amount of time the states laws allow for month to month rental. NOW keep in mind some states allow a 30 day notice to be issued at any time in the month and some require a whole rental period of notice and some allow something else SO its up to you to read thru your states laws to learn the details and that includes any other special instructions. The notice will have to be on real paper and the best thing I suggest when its someone who may have the chance to interfere with mail to go get a post office box to use as return mailing address and use confirmed mail delivery at the least to send the notice out. ( people that are not married each need own notice so if your mom and BF both are going to be told to move out they each will need a notice.)

 

[xylene]

You know that your mom needs to go too right?
The reason why this is happening is because of a harmful mother-daughter/alcoholic codependent pattern.

You can't save her by evicting just her boyfriend.
Mom is actively permitting this abuse. It is an inevitable consequence of her disordered way of living.

You and your grandmother should consider going to Al-Anon or other types of counseling for people in close relationships with an alcoholic. Seeing things as they are can be very painful, but only the truth will bring lasting healing.

 

[Mathew_Hair]

Thank you for the feedback. My family wants to get a lawyer to make sure we do this in a way where we don't have to worry about making a mistake that sets us back.

What are our options? The police said we can try to do an emergency VPO when they came out yesterday and issued a citation to my mother's boyfriend after he shoved her down and choked her. He already has a court date for another domestic violence issue that happened recently.

 

[justalayman]

A citation? Seriously? Given the acts involved he should have gone to jail


Grandmother can seek a protection order. Should be easy given the citation.

 

[LdiJ]

Grandma owns the house. I don't think the OP said whether or not grandma lives there.

Mom and her boyfriend live there and they are both alcoholics according to the OP. The boyfriend abuses mom, not the grandmother. The grandmother has not been described as an alcoholic.

OP lives there as well.

 

[Mathew_Hair]

Grandma owns the house. I don't think the OP said whether or not grandma lives there.

Mom and her boyfriend live there and they are both alcoholics according to the OP. The boyfriend abuses mom, not the grandmother. The grandmother has not been described as an alcoholic.

OP lives there as well.

You're right, my grandmother doesn't live there but owns the house. My mother, her abusive boyfriend, and myself all live there together. My mom and her boyfriend are alcoholics, but I plan to get my mom help as soon as we remove the boyfriend from the residence. Otherwise, he will break everything he can get his hands on or steal whatever he wants to sell for alcohol.

My mom looked up Legal Aid here in Oklahoma and I am considering calling them, but I was wondering if anyone knows how long it generally takes for them to take on a client? The website says they ask about income, the number of residents in the household, and information about the legal issue.

My mother and I have to go back home today and I need to be sure she will be safe there.

 

[LdiJ]

You're right, my grandmother doesn't live there but owns the house. My mother, her abusive boyfriend, and myself all live there together. My mom and her boyfriend are alcoholics, but I plan to get my mom help as soon as we remove the boyfriend from the residence. Otherwise, he will break everything he can get his hands on or steal whatever he wants to sell for alcohol.

My mom looked up Legal Aid here in Oklahoma and I am considering calling them, but I was wondering if anyone knows how long it generally takes for them to take on a client? The website says they ask about income, the number of residents in the household, and information about the legal issue.

My mother and I have to go back home today and I need to be sure she will be safe there.

Your mother really needs to get a restraining order against him.

 

[not2cleverRed]

You're right, my grandmother doesn't live there but owns the house. My mother, her abusive boyfriend, and myself all live there together. My mom and her boyfriend are alcoholics, but I plan to get my mom help as soon as we remove the boyfriend from the residence. Otherwise, he will break everything he can get his hands on or steal whatever he wants to sell for alcohol.

My mom looked up Legal Aid here in Oklahoma and I am considering calling them, but I was wondering if anyone knows how long it generally takes for them to take on a client? The website says they ask about income, the number of residents in the household, and information about the legal issue.

My mother and I have to go back home today and I need to be sure she will be safe there.

Look into local domestic violence resources as well. In addition to counselling, etc., they sometimes have legal resources available to clients, to help with restraining orders.

Your mom needs a restraining order.

 

[xylene]

My mom and her boyfriend are alcoholics, but I plan to get my mom help as soon as we remove the boyfriend from the residence.

This is not going to work out. I'm sorry, but you are completely deluded about how recovery works.
That might be out of a good intentions, wishful thinking, or perhaps inexperience, but your desire for Mom to get well is not HER desire to get well. If that isn't present, it won't work. Also - this line of thinks makes it seem like her drinking is a normal response to the abuse, when in reality the recurrent domestic abuse is a consequence of the disordered pattern of living of an active alcoholic.