My brother is almost 40 and still refuses to leave my parents house. They have tried getting him to leave many times to no avail. He has NEVER paid rent or done anything to be productive to the house hold in any way. He is constantly verbally abusive and we suspect drug and alcohol abuse. Possible weapons on premises. I fear that even with an eviction notice he won’t leave. What kind of notice do we give him? What’s the next step if he doesn’t leave after the given notice? The police have been called many times for his behavior and they say we cannot kick him out because he has mail that received at the address. We are stuck. Can we just change the locks when he is out and then call police for trespassing? What paperwork should we have to show police he cannot live there?
One issue is likely to be not if he has ever paid any rent but whether he ever agreed to (and didn't). That arguably would establish a landlord-tenant relationship, entitling your parents to pursue eviction in landlord-tenant court (which is generally faster, easier, and cheaper than otherwise). If there is no landlord-tenant relationship and he is otherwise akin to a guest who overstays his welcome and refuses to leave, your parents are likely going to need to file to eject him, instead of evicting him. The end goal - forcing him out, with a Sheriff's assistance if need be - is similar in both eviction and ejectment but how you get there legally speaking is very different. Neither, however, are do-it-yourself projects and both are highly technical and require that both the laws and the legal procedures be followed exactly or you risk having your case tossed out and having to start over. Consider reviewing it all with a local landlord-tenant attorney to chart a game plan. Most of us in Multnomah County also represent clients in Clackamas and Washington Counties as well. Good luck.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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