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Not sure where this matter should be posted, but here is the situation: trustee, who is now the homeowner through a Trust cannot get adult son to leave the home who is now saying he is a tenant. No lease, and the home needs repairs that could not be done while grantor was alive because she wanted peace and quiet. Adult son will not even let the trustee/owner on the proerty at all! He has become a major problem and it all is because he was allowed to stay there since he had no place to go at the time. Been there six months now, after the passing of his grandmother. The trustee/owner is trying to honor his mothers trust and wishes to maintain the old home that has been the family home for 40 plus years. Adult son even let his girlfriend move in without permission. Trustee gave 30 day notice to vacate, but he says he will not go, its his house now. It is NOT his house, but put up motion sensors and said he will call the cops if the trustee tries to enter the gate of the yard! Attached garage has all trustees belongings, tools etc, since he was in home for five years caring for his mother. Now he cannot even access that. He is still in mourning for heavens sake, and the urn of his mom is in the home too. What can be done about a horrible situation like this? Is there nothing that can be done since this ingrate wants to enforce bogus "tenant rights"? That is what all the lawyer type sites tell us...

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ok... treat him as a tenant.

since there is no lease...give him legal notice to move effective Sept 30, 2019.

look up your state laws about this, You must give him this written notice by august 30. This is not an eviction notice. It is a simple notice to terminate the tenancy at the end of the tenancy period. Which since there is no lease...that would be after one full month of notice.

This should be done all three ways described by law. 1) attempt to hand him the notice,.,.take a witness with you. 2) post the notice unto his front door....take a picture of it...and 3) send a copy via certified mail (us post office). Save the proof of delivery....

you must legally serve this notice to move BEFORE you can begin the court filing to evict.

if he is still there in October 1....go directly to the country court house....get a copy of the forms to file for eviction (writ of possession) Holder over Summary Proceedings. Use those exact words or the court clerk will not know what you are asking for....and the clerk is forbidden by law to give you any help. Be prepared to pay cash for the court costs....they usually do not accept credit cards or checks. Once you have finished the filing.....I suggest you pay the fee to have a process server go and serve this on the tenant....saves any debate over whether or not it was done properly. Process server usually wants a check In the envelope with the paperwork from the clerk.

a court date will be set and you ask the judge to remove him due to proper notice given and he has refused to move. You will get the eviction order and the sheriff will remove him.

as a ex-landlord I have been through this process more times and in more states that I care to remember.
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Togo,
sorry that you are so upset with some of us on the forum. It is often difficult to get "the whole story" in a post. I have written a few and I think I sound like a confused person myself. I didn't think I was cruel when I suggested there was enough grief and perhaps everyone could cool, then meet and really talk.
I had no idea that you cared deeply, that you in fact "love" this boy. That didn't come across to me in your first post, as it did in the response below. You describe yourself as a religious person, and as the peacemaker between this boy and his Dad. I think that's great.
So I think honestly, then, just continue try to make good gentle and calming suggestions, whether a settlement of some funds or not maybe beside the point.
If your Partner doesn't wish to do that, then perhaps let him settle things on his own, and in his own way. As between you you have more than a few properties he may not even need a lawyer, but might want to visit to a lawyer who will tell him the best way to proceed legally. I bet he can handle it. I am sure it is frustrating to have him come home with stories of being chased off the property, and tenant's rights and all that. But just let him solve it and reassure him you know he can do it.
Again, I had no idea you were close to his son; I hadn't read it that way, and that you have acted as the peacemaker in past problems. So perhaps just continue to attempt to bring the peace. I worry that you mention the young man has a history of some violence; as I said initially that always makes me worry about cement down the toilet at the least, and shotguns at worst when things get hot and riled.
You know the truth is that I think grief is so hard for us that we would RATHER at times find someone to be mad at so we don't have just to sit with the tears.
Wishing you the best of luck and hope you will update when it is all settled out. Wishing your family the best.
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If son wants to play by the law then that is how it needs/should be played out. But you know this. I have read most of the replys but not all and I am sorry for that.

If I was you this is what I would do: go to your courthouse and file an eviction notice, then I would call a lawyer who deals with landlord/tenants and ask him/her about the utilities...see if or what you can do to put that bill in the son's name. If your laws are like my city then you can not just turn them off on him, but you know that. But there might be a law that states "that if the tenant does not have utilities for x amount of days they have to leave the property within x amount of days", which for my city it is 10 days and no eviction notice necessary. This might be your loop hole.

I know this sounds out-of-order, but this would cover you from both sides. File eviction notice first then see if you can get the utilities in the son's name. Once it is in his name then he is responsible to pay the bill and if he can't and it gets shut off you should have a legal right to kick him out.

See what your rights are as a landlord and yes I do understand that it is your husband who is the landlord and the son's father. This will cost you time and money unfortunately!

Good luck!
Hugs!!
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Trustee (owner) is the occupants father. This isn't your legal affairs, yet you've labeled the grandson as an ingrate. It's impossible to know what the grandparents advised the grandson to do, his behavior indicates that the grandparents convinced the grandson to stay. What repairs are needing to be done? The father is trying to utilize the court system by issuing a 30 day notice instead of the father directly confronting his son. Sounds like a serious communication break-down. I would suggest that the son retain an attorney, who will advise the son to vacate.

In truth it sounds like YOU are wanting to live in that house which is the real motivation behind your one-sided trying to appeal to emotions post. That house likely needs a caretaker, and you're upset because that isn't you. Sorry, but you're not married to the trustee, so it's not your battle nor decision.
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toco8560 Aug 2019
You are way off in your assumptions, and you should be careful what you post. Your post comes across as very hateful. I have a home, I don't need this one or want it. THAT is none of your business anyway and not part of this issue. The adult sons' own mother (divorced and remarried, then divorced again) would not allow him to move back in with her, and so the father reluctantly allowed it. And it IS my battle for your information, and I do know all the details because the grantor made me a second trustee as I have known her for many, many years and helped as caretaker in many ways. And it was her words I used in the term "ingrate." In no way did the grandparent (not grandparents) convince the son to stay. She wanted to live her final years alone, with her SON and me tending to her needs. Which we did and I am very proud to have honored her wishes. THINK before you post such nasty comments and TOTALLY wrong assumtions.
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I just read some updates here. I am more concerned than ever. This is your partner's (of 25 years) son? And these were the son's grandparents allowing him to stay? And now the last grandparent is gone? Oh my goodness, this is a family shipwreck. Has there not been enough loss? Please all of you try to meet together and get along. If this is your partner's son, then you are putting your partner in the middle of your dislike of his son, and his son. And he just lost his parents. Please, get together, come to some conclusions, before this ends in hatred and loss and a house burned to the ground. This is too much stress. You say your partner had this done while he was grieving for his parent. He has had enough loss. If you are both to live in the house then make a reasonable help payment for the son to move on. It is in his interest. He will inherit next if he doesn't get himself DISinherited. And you could likely have life estate in the home until your death, in a trust, if you could only all get along. Please try. If it fails, then it fails, but please give it a good faith effort. Write a note. Say this is all going to Hades in a Handbasket. Suggest you all take a breather for a month and then get together to talk. There's been enough loss. I would try everything. If trying everything didn't work I could move forward step by step attempting to be fair, allow time, help with first and last month rent and a stipend. I don't know if there are other funds left in the estate. Please try for the sake of all.
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toco8560 Aug 2019
I have nothing to do with the relationship between father and son! What are you people so assuming for? I in fact have tried to be a peacemaker and I actually care very much about the son, as we had a good relationship. I took him in to our home when his own mother kicked him out when he was just 12, so don't label me as hating this kid. I hate when people assume and comment in terrible ways. We did try, that is the reason we are in this position. we tried and are being taken advantage of. There is more than one home, and also I have my own so this is not the reason. The home was going to be a rental AFTER it was renovated. I believe in God and I do my best to love everyone. Don't assume things that you have no idea about. As a second trustee for this woman who passed, that is my goal. To honor her wishes. I dont need responders who are doing what some of you people are doing!!! You are cruel.
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I think someone has already suggested this, but if there is cash in the estate, why not pay the adult brother to leave?

Landlords sometimes use this approach with problem tenants because it's usually cheaper and quicker than eviction. (Disgruntled tenants can do a lot of damage to a property they know they will soon be forced to leave.)

Google "Cash for Keys" to read about it.

Irritating? Yes, but it can be quite effective.
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It's time you hire an attorney specializes in tenancy and evictions. A letter from the lawyer carries much more weight than anything you can say to your son.

Maybe you can make a deal with him, such as finding him a place somewhere and helping him with the rent for the first few months, see if that would entice him to move. Give him a deadline to accept your offer. After that, he can wait for the sheriff to come and throw him out.

Also, If he has a history of violence, you may consider a restraining order.
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toco8560 Aug 2019
he does have a history of violence and that does concern us. The girl he moved in has a criminal past and her father is known by law enforcement , even has a nickname in another state
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Sadly, I think you need to have a lawyer & the police handle it. After lawyer advises you, (& papers filed), police can then remove him. But if the son could understand that beforehand, he may be more cooperative: (cuz then you may hold negotiations to help the son not end up homeless.) I think it cud work out okay, have mercy on the dumbass. ((Hugs)).
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Get an eviction attorney ASAP. Start the process. Court appearances will be imminent - but start NOW. He's squatting and trespassing. Cut the utilities if possible - if utilities were in grantors name. Since it's still under 1 year - processes might go quicker. Move quickly - it can be done. It's time for the BULLDOG! Don't mess around with this if there is honestly a solid deed and trust instrument in place - get it done. Have a talk with the local authorities with proof of ownership in hand. Let them know he's not a welcome occupant. Get the community on board with what's going on. DO NOT WAIT.

First notice to deliver properly is the 3-day notice to VACATE. Again, sounds like this situation constitutes an eviction attorney and it will be the most effective and expedient way to rectify this horrible situation.
Good Luck. I'm a Landlord myself.
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toco8560 Aug 2019
Thanks so much for your supportful post. As it stands, he is considered a tenant on month to month since there is only verbal information and no contract. We CANNOT shut off utilities by law or we are in "violation" of this ridiculous invisible agreement. He knows what he is doing,has obviously looked up renters rights and continually says something about his rights on HIS HOUSE. His father, the Trustee and now the new owner, had told him that he would pass the house down to him whe he dies. Well, obviously the ingrate doesnt want to wait and since grandmother allowed him to stay in the house, by law he is a tenant since its been a few months. Had we known this, NEVER wouldve let him stay because it was up to the Trustee then. Didnt want his son not to have a place to live after coming back to CA. from another state. CAN utilities be cut if they are still in grantors husbands name? She never put them in her name, But she was the surviving spouse, so she didnt really have to did she?
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This is a legal eviction. It will be carried out step by step through whatever the process is in your area. It will cost money, and it may take time, but the end result will be the removal of the person illegally occupying.
NOW, if you are living somewhere like my city of San Francisco, everything becomes squirrely to the inth degree. Tenant rights are insane here, and it often costs to get people to remove themselves from occupancy as much as 10,000. Yup. Believe it. So I don't know the rules where you live, but this is a legal action now.
You may want first to discuss this with "adult" son. You may want to make an offer. You can either pay a lawyer or you can pay HIM when he has removed himself and all of his possessions from the premises, or you can offer to pay several months rental and rental deposit for him. You can explain to him that you will otherwise be forced now to do the legal procedure that is a waste of time, money and effort for all involved.
So first thing is know the law in your area, know the rights, and know the costs. That means you are paying first off for an hour of a lawyers time in your town. Second step is talking with this "adult" son.
I worry when someone is this irresponsible. To be frank, I have seen terrible damage done to homes in these circumstances, cement down toilets, plumbing ruined and even fires. Please take care and try so far as you are able to come to an AGREEMENT.
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toco8560 Aug 2019
Thanks so much for the input because it truly helps. The laws where I am are pretty basic, although I do live in Calif as well, its not rent controlled or any special circumstances. Landlord gives 24 hour notice that he needs to come onto property, etc which was done written in a legitimate matter. So, when landlord/trustee stepped into the yard and was in his garage, thats when adult son called and said you did not give 24 hours notice. But notice WAS given, but he was gonna call the cops if landlord did not leave immediately, he was invading his privacy. wasnt even home and the LL was in the unattached garage, which is LOCKED and off limits to anyone but the LL. So, LL left (this person is my partner of 25 yrs) and it just infuriated me. This adult kid is also being influenced by this girlfriend, She has been searching on tenants rights and even trusee's rights. They are the typical new generation that has no concern about loyalty and family heritage. They are just greedy. So, I have made sure we do it step by step, legally. 30 day was given (no reason needed here its considered month to month w/o a contract.) Trustee even had a contract made up, but he wouldnt sign it. If he doesnt pay the rent (grandmother told him he needed to pay money to stay there, so he began in February. Always late and never the agreed amount.) So THIS month if he doesnt pay he will get a Three-Day Notice to Pay Rent, Three-Day Notice to Cure, or Three-Day Unconditional Quit Notice (the tenant has assigned or sublet the rental unit in violation of the rental agreement, moving in his girlfriend without asking). I will make sure the laws are followed because this is a horrible situation. My partner is still grieving for the loss of his mother, and I am beyond mad at this adult kid. The sooner the better and I just wonder, must he be given the option to pay the rent or can he just be given an unconditional notice? There are 3 things that violate the verbal agreement, so I think a cure notice, (move girlfriend out, allow LL access) could work since there is no way he will move the GF out, but the unconditional is best.
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This IS a horrible situation. And it's your son, doing this to you following the death of your mother, whom you cared for for years?

Shaking my head.

It's cold consolation, but since this has already dragged on for months you might as well carry doggedly on with the formal legal proceedings. Not expecting a process to take less time than it actually does take is one way to reduce the agonising stress of it.

Why on earth is he doing this? Would it help you to tell the history?
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toco8560 Aug 2019
Thanks so much for your concern. To tell the story, He is just a modern day adult kid who thinks he knows everything, thinks he is owed something before earning it, and he has no respect, loyalty or concern about family heritage, and is greedy wanting to bypass his father in the line of inheritances. Because honestly, this was completey unexpected behavior.
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The trustee needs to formally evict the grandson. It usually requires a court order and law enforcement assistance. I wouldn’t use lawyer sites for this either. They are hit & miss. An eviction such as this is NOT DIY!
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toco8560 Aug 2019
All is being done according to the laws in our area, and to the book according to the codes. Having said that, Would you happen to know the facts on Unconditional 3 day notices? That is something I cant seem to get a true answer on. If 3 agreement points have been violated one being rent not paid again on time this month (was supposed to be the 1st), shouldnt he be able to be served with a 3 day unconditional notice? If you know the specifics, I would love to have the input.
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