getting afamily member to move out

[R Birmingham]

i need advice as to how to have a brother removed from a home i inherited. i live in new jersey. the brother pays no rent. i do not live in the house. brother is neither employed nor has any money. he has been in the house for 3 years prior to our mom passing. what remedies do i have to forcehim to leave?

 

[djdj]

GIVE THE BUM A 30 DAY NOTICE TODAY TO VACATE by March 19st, since he has NO lease and Pays NO rent...and if he is still there on March 20 which is a TUESDAY.....

DO NOT GO TO WORK, INSTEAD GO TO THE COURT HOUSE AND START LEGAL EVICTION PROCEEDINGS!

OK ya got that?

[Edited by djdj on 02-18-2001 at 08:19 PM]

 

[R Birmingham]

DJDJ reply

Thanks for the reply DJ. It was supportive, but I could have gotten that at the coffe shop on the corner. What I'm looking for is someone with either past experience in this situation or with the knowledge of exactly what my legal recourse is. Without having to take legal action, I would like to know my options. I'll summarize:

I inherited house from Mom.
Brother has lived in house for 3 years (supported by Mom).
Brother is mildly (but legally) disabled and could work.
Brother is alcoholic.
If he pays no rent, why do I need 30 days to eveict?

I appreciate all responses.

 

[HomeGuru]

Dear R. Birmingham,
wake up and smell the coffee. I am an attorney with over 25 years of experience in L/T issues.
Inasmuch as I do not agree with all responses from djdj, he is correct.
Your response to djdj is humorous for you want to know what your legal recourse is without having to take legal action.

Legal recourse: kick the freeloading scumbag out.
Legal action: none
Result: status quo.

 

[R Birmingham]

Thanks HomeGuru

Thanks HomeGuru,

I appreciate you letting me know of your long experience in R/E law. My understanding of this eviction (from the lawyer handling the estate) is that I only need to go to the local police and ask them to have him removed from the house. Does he have any recourse other than making arrangements to come back to get his possesions? We're obviously at the point where I doubt that we can maintain any type of relationship with him, but I do not particularly want to get into any protracted legal hassles.

 

[HomeGuru]

That estate lawyer is very intelligent and well versed in the New Jersey L/T laws.

Since the lawyer knows all the Landlord loopholes and correct eviction procedure, you may now proceed to complete the following:

Go to the property without notice and when he is not home, and start moving all his stuff out. Leave his personal belongings outside of the property next to the sidewalk or road.

Change the locks.
Shut off all utilities.
Once these things are done, call the police and when they arrive, tell them that this freeloader is trespassing and to please escort him from the property. If he returns, you will file trespassing charges.

If brother files suit, have the estate attorney represent you since he/she is already familiar with the case.

 

[HomeGuru]

Any update writer?

 

[R Birmingham]

My wife and I have decided to put him up in a rooming house forup to 4 weeks and have given him till the 9th to move on his own. If not, we'll have to local police stop by with us and give him time to pack a bag.

In spite of the fact that we are being taken advantage of, we are trying not to completely rip the family apart (long term). Short term, he's screaming bloody murder.

Thanks for your advise. Whenever there is a tough decision to be made, we all look for validation in our choice.

Rick