My 92 year old cousin brought in a woman to take care of his 57 year old son with mental problems. In simple terms, she is a babysitter. His son is completely functional. He needs companionship and reminded of his doctors appointments, laundry and otherwise keep himself and the house clean. There is no contract or rental agreement. This woman was great for a few weeks then took advantage. She is an alcoholic and has become progressively mentally abusive. The son is afraid of her. She is claiming tenants rights since she recieved mail at the home. She literally has climbed out her bedroom window as to not have to talk with us. The house is disgustingly dirty. The sons clothes are filthy and he is not eating properly. We have hired a cleaning crew to go in and clean, paint and make repairs to the home. What are our rights as to removing doors to repair and fix the wiring in the home? Do we have to go through an eviction process? She is using a spare room to store her things and has put her personal lock on that door. We need that room for the professional caregiver we've hired to replace her. Can we legally box up and move her things to a different area of the home
"brought in a woman".....and therein is the issue. There is CLEARLY more to this story than the limited facts presented. Candidly, this sounds a LOT like the "companionship" angle was some substance abusing romantic interest that the miscreant, not mentally disabled, adult son brought into the home that, to no surprise to anyone here, went awry. That stated, the home owner or a legal guardian will have to spend the money to hire a lawyer to sue for her removal if she won't leave on her own. You cannot just toss her out at this point.
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Your cousin's best be here is to persuade her to leave - voluntarily - for HER sake even more than yours. if you have to file in court, she will have a blemish of her public record that will last for a long time, and make it difficult for her to rent elsewhere. This is a rather harsh result when all you really want her to do is leave.
Alas, if your cousin can't persuade her to leave voluntarily, then if you have an 'agreement' where she was to pay rent, or provide other compensation in exchange for staying, you retain a good local landlord's attorney and evict her; if there was no such agreement, your lawyer will petition for "unlawful detainer." her "employment" may complicate the issue further. Be sureyour cousin hires a LAWYER (and YOU stay out of it,).
Hope this helps.
Responses provided herein are merely commentary on the question posed. They are NOT intended as legal advice, nor to be relied upon by anyone, for any reason, nor to create an attorney-client relationship between you and I; and all askers should consult an attorney for advice regarding each individual matter, since each case is a bit different, and not all information is typically recited in the online question as posted. PLEASE do not contact me directly; I am NOT accepting new clients at this time, and only volunteer here on AVVO to "give back" after a long and prosperous career. Good luck!
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