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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33095
Experience:  16 yrs. of experience including family law.
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My sister who is 45 has been staying with my parents months

Customer Question

My sister who is 45 has been staying with my parents for 3 months now, she claims she cant work due to fibromyalgia (which she doesn't have). My parents have been paying her bills, etc. My parents are 80 yrs old and don't see what she is doing. We know she is abusing prescription meds. She has become increasingly abusive to my mother, name calling,etc. when she was asked to move out, her response is "you have to evict me". Her boyfriend calls all my parents phone numbers 30 plus times a day and hangs up when they answer just to harass them... these are just a little of what is happening. My fear is that she is going to end up physically hurting my mother at some point when she is in one of her rages. my parents are hesitant to do anything or don't know what to do, she's their daughter. My parents want her out, my mother is constantly crying, trembling with fear when shes around my sister. Is there anything I can do to get her out of their house? I am so concerned this abuse of my parents is going to escalate to something bad....They live in Tampa Florida....looking for options.... thank you
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
we are looking for options outside of eviction...
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am sorry for this dilemma. Can you tell me, are you parents "competent"...able to understand what is going on around them?

Customer: replied 1 year ago.
absolutely, very intelligent successful people. Just don't understand the behavior. Although they know its urgent to get her out, I think they are afraid to. They don't like confrontation and I think they feel its easier to appease her... In this case its money. they have it, she wants it....
Expert:  P. Simmons replied 1 year ago.

Thank you
That makes it more difficult. That is, if your parents are competent, but not willing to evict her? They may have a tough time forcing her to leave.

Under the law, before they can force her to leave, they must give her notice, in writing, and at least 30 days to find a new place to live. If they try and remove her without providing this notice? They could be liable for wrongful eviction.

So they would need to take the first step (and tell her she must leave)...since they own the home, they have the final say on who gets to stay there and when...however, because she has live there, they must give her written notice before they can force her to leave

This begs the question...what if they are not willing to evict ?

Frankly that may mean she can continue to live in the home...generally speaking, if the homeowner is competent, the law assumes they have the ability to make their own decisions (including who lives in the home)

That said, you could contact local law enforcement...if the sister is defrauding your parents, law enforcement can step in and remove her.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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