Evicting Stepson w/Mom's Help

[BRVA2016]

Indiana. So for a little background, my stepson is on the Autism spectrum and very high-functioning. Aspergers to be exact, very manipulative and a habitual liar but has demonstrated the ability to take care of himself (keep a schedule, manage money, cook/clean for himself, hold a job, etc...) So many details that I'd be happy to get into if needed. Having been a landlord myself previously, it's my understanding he's legally considered an at-will tenant. Will a simple Notice to Vacate be sufficient in this case? As I stated, if there is not enough info, I'd be more than happy to clarify. Thank you. EDIT: He's 25 (soon to be 26 years old). EDIT #2: My reason for posting this is whether or not his disability could factor into a legal challenge.

 

[adjusterjack]

it's my understanding he's legally considered an at-will tenant.

Never rely on an "understanding." Always look to the statutes though, in this case you are correct.

Indiana Code § 32-31-1-2. Creation of Tenancy at Will Month to Month :: 2021 Indiana Code :: US Codes and Statutes :: US Law :: Justia

Will a simple Notice to Vacate be sufficient in this case?

Your statutes are not clear on that. To be safe, a one month written notice is advised.

My reason for posting this is whether or not his disability could factor into a legal challenge.

I don't think so. The Americans With Disabilities Act requires a landlord to make some reasonable accommodations for a person's disability. Given your description of his abilities I don't think anything like that applies.

Is his mother on board with tossing him out of the nest?

Have the two of you had discussions with him about going out on his own? With what result?

If not, why not try that first, instead of going all "official" on him?

 

[BRVA2016]

Never rely on an "understanding." Always look to the statutes though, in this case you are correct.

Indiana Code § 32-31-1-2. Creation of Tenancy at Will Month to Month :: 2021 Indiana Code :: US Codes and Statutes :: US Law :: Justia



Your statutes are not clear on that. To be safe, a one month written notice is advised.



I don't think so. The Americans With Disabilities Act requires a landlord to make some reasonable accommodations for a person's disability. Given your description of his abilities I don't think anything like that applies.

Is his mother on board with tossing him out of the nest?

Have the two of you had discussions with him about going out on his own? With what result?

If not, why not try that first, instead of going all "official" on him?

"Is his mother on board with tossing him out of the nest?"
Yes. We feel we've exhausted every tool in our arsenal.

"Have the two of you had discussions with him about going out on his own? With what result?"
He's lived on his own previously and demonstrated he's capable. He ran into some trouble (his own doing) two years ago. We agreed to let him move back in under certain conditions. He has repeatedly failed to comply.

He is a pathological liar and very manipulative. Knows what to say and when to say it. We've sent him to in-patient therapy several times in an attempt to straighten his path but he knows exactly how to play the game. At this point, we both feel he's taking advantage. He's expressed to his sister (but doesn't know we know) that he wants to try and get disability.

 

[adjusterjack]

Is he employed now? What kind of work? How much does he make? How long has he had the job?

 

[BRVA2016]

Is he employed now? What kind of work? How much does he make? How long has he had the job?

He is employed with a branch of the federal government, same as his mom and I. He makes roughly $20 an hour + fed benefits and OT. He's had the job about 60 days which is 30 days shy of a 90 day probationary period.

 

[adjusterjack]

I think he can give up the idea of qualifying for SSDI.

 

[BRVA2016]

I think he can give up the idea of qualifying for SSDI.

Pardon me for venting but part of me feels terrible because I'm not sure how much to attribute to his disability. We do see him struggle with social skills but he's demonstrably capable in numerous other areas. It's like he's not even trying. We're at the point where we're just clearing our own consciences so we can do what needs to be done.

 

[not2cleverRed]

"Is his mother on board with tossing him out of the nest?"
Yes. We feel we've exhausted every tool in our arsenal.

"Have the two of you had discussions with him about going out on his own? With what result?"
He's lived on his own previously and demonstrated he's capable. He ran into some trouble (his own doing) two years ago. We agreed to let him move back in under certain conditions. He has repeatedly failed to comply.

He is a pathological liar and very manipulative. Knows what to say and when to say it. We've sent him to in-patient therapy several times in an attempt to straighten his path but he knows exactly how to play the game. At this point, we both feel he's taking advantage. He's expressed to his sister (but doesn't know we know) that he wants to try and get disability.

Boundaries. They're a good thing.

AJ is trying to steer you in the correct direction.

I think you need an initial consult and to proceed with caution. Depending on the "certain conditions" that he's not meeting, it might be time for you to start documenting them. (It depends on whether the things stepson is doing are truly bad or just irritating. Being a jerk with an explosive temper breaking things versus leaving crumbs on the table and drinking milk straight out of the carton.)

Pathological manipulative liars can lie to the police and create all sort of trouble. You need to defend yourself legally by limiting the potential for false allegations to go anywhere. If he's clever enough he will mess with your mail too, and whatever he can think of to get back at you.

@FarmerJ can provide a laundry list of defensive legal measures that you can take.

 

[commentator]

"Mess with your mail....." And flush a few large items down your toilets, all sorts of hateful things. Be aware.

 

[Just Blue]

https://www.iidc.indiana.edu/irca/articles/social-activity-groups-another-approach-for-helping-to-bridge-the-friendship-gap


Probably not a helpful link in your situation, but perhaps Jr. may find it useful at some point.

 

[FarmerJ]

I am not a attorney I am group home staff who has now worked with 99 different clients in i think 18 group homes during my tenure with the company ) To start with since he is not in a group home or court ordered into programs for DD people you should make sure to follow your states laws to evict tenants whose time is up. Keep your written notice to him short and in plain language so it meets your states laws , it could be as short as date, tenant name and address , this is your notice to move out of X (address ) by date , signed , and date written, when sending it send it multiple ways first off send once copy via confirmed mail delivery and then another copy perhaps the same exact way ( Unless your states laws require something else or consider hiring your county sheriffs department to serve it , you want two different notices because if he tries to tell a judge he didnt get a notice you can offer a second way of showing one was sent and he will have to convince the judge the post office is lying) ( if they will then give them his picture to make it easier. A court is not likely to refuse to accept that kind of service. BAD behaviour well this tenant might think he could get away with destroying the rental unit or other physical aggression directed at the landlord / filer so be prepared the make sure there are consequences such as if he is physically aggressive to people as in assaulting them call police and insist on charges being filed, if he commits property damage call the police and report and i have the courts order restitution, since he has a job it is a income that can be gone after. (unlike the clients in the homes I work in ) BTW if he acts bad a court could indeed require him to live in a facility to be monitored like a group home and or eventually take away his self gaurdianship) any way best wishes to you , I have to get to bed so i can be back to work by 3p ( do not allow him to use a claim of disability in court as a reason to delay a eviction if he wont go after proper notice is sent and if you were able to county that claim then make sure the court understands that he is high enough function that he has a federal job and should not be able to delay a eviction.