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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33150
Experience:  Estate Law Expert
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My stepson, 55 years old and prosperous, came across hard

Customer Question

My stepson, 55 years old and prosperous, came across hard times and came to live with us. He does not realize that he's condescending and thinks he is right ALL the time and insinuates that his father and I are 'stupid' and I don't know how to cook etc. etc. He moved in in September, found a $200,00/yr job and was suppose to leave in March...did not because he needed to save for an apt, then the drop dead date was May 1st mostly because I need my downstairs. My grandchildren come over and that's where they play however, there is so much 'stuff' that they cannot go downstairs and I can't even get at the toys to bring them upstairs. May 1st came and he said he could not go out until July 1st because he had ruined his credit. Again, he thinks hes right and would not pay the landlord the rent because of a ceiling thing. Anyways, May 1st his dad and I exploded and said 'what's going on...we need the house!' He left and is staying who knows where - friends, a new girlfriend wherever and left all his stuff downstairs - of course until July - he hasn't touched base at all but sneaks in and takes more of his clothes. What if July 1st comes and he doesn't take all his stuff? What can I do? EVERYONE told us it would end bad...and it is.
JA: What state is this in? And when did the issue begin?
Customer: Did you get all my details Pearl?
JA: Have you consulted a lawyer yet?
Customer: No - I don't know what my rights are and I do not want to add a lot of expense to this
JA: Is there anything else important you think the Estate Lawyer should know?
Customer: No money has been exchanged. We have not taken a cent from him.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 11 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

There aren't a lot of choices.

You can go through a formal eviction process and then if he isn't out by the time the judge tells him to get out you can have the judge issue an order allowing you to remove his things from your home and either throw them away or do something else with them. What I always recommend is that the person put them in a storage room, pay for one month's rent, and then give the "holdover tenant" the key and instructions as to how to get to the storage unit. Then, if he doesn't pay, the storage unit auctions his stuff off. So long as you are operating under an order of the court there is nothing he can do to you.

This always seems to work. However, if there is something else you would rather do with the items the judge will likely sign the order allowing you to do that.

PLease ask any follow up questions in this thread.

Customer: replied 11 months ago.
Thank you Dwayne. I was hoping I didn't need an attorney to do this. He has not returned to our home so you see, he gets what he wants...storage for his stuff free. I've never seen anything like it. So I still need to go to court just to be able to get his stuff out of my house. I can't believe he did this to his 84 year old father. There is an age difference between his father and myself. I will have to pack up his stuff which consists of boxes, a huge desk, two monitors and a pc, a 60" t.v., a king size bed with huge end tables, and all kinds of clothes and stuff. I can't understand this behavior.
Customer: replied 11 months ago.
Thank you for your advice. Dottie
Expert:  Dwayne B. replied 11 months ago.

you can file an eviction yourself although, of course, it is a lot easier if you use an attorney. Most of the forms that you find for evictions assume that he owes you money but you can just scratch through those parts, add in what you need to add, etc.

If you tell me what state it is in I can look online and see if the court has forms for you to use.

Expert:  Dwayne B. replied 11 months ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.

Customer: replied 11 months ago.
I will later today make sure I rate your answer. You've been great. f.y.i. This is Massachusetts.
Expert:  Dwayne B. replied 11 months ago.

Great!

Let me give you three links. One is to forms and then the other two are to information about evictions:

http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/forms/f-l-legal-forms.html

http://www.mass.gov/courts/selfhelp/housing/eviction-landlords.html

http://massrealestatelawblog.com/2011/10/07/get-out-a-landlords-guide-to-massachusetts-evictions/