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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 100037
Experience:  Attorney
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What is the quickest, easiest option to evict, or rid one's

Customer Question

What is the quickest, easiest option to evict, or rid one’s self, of an unwelcomed, thug-like grandson? Following are the quick facts.
1) My elderly (in their early to mid-eighties) and nearly invalid parents own and live in a two-bedroom home in Pinson, Alabama.
2) My parents allowed my sister (their daughter), who is unemployed, but applying for disability, to move in with them, until she can get back on her feet; not as a paying tenant, but just to help her out.
3) Shortly afterward, my sister’s 23-year-old son showed up and stayed overnight, for two or three nights. My parents questioned my sister about his stay and she told them that her son would only be there a few days. He did leave, but only for a couple of days before returning. Then, his staying there and sleeping there became the norm.
4) My parents expressed great displeasure about their grandson always being there and sleeping on their couch. Therefore, my sister started sharing her own bed with him. So basically, he has been living in her bedroom.
5) My parents did not invite, nor welcome, their grandson into their home. They do not trust him and they are afraid of him, due to his age, temper, drugs and thug-like ways. They have told him he cannot stay there, but his mother allows him to stay in her room, making my parents’ wishes void.
6) After the second or third week of the grandson (my nephew) living there I told him to get out or I was going to come and drag him out. The day that I was to make good on my promise, my sister pleaded with our mother to call me on her behalf and ask me not to come that day, but to give them a few more days to make other arrangements. Eventually, the son did find a place to disappear for two or three days before returning, yet again.
7) Well, it turns out my parents actually need my sister to be living there, because they both require almost full-time assistance. Therefore, they have tried to be more tolerant of the grandson situation, fearing that too much resistance toward him would cause their live-in assistant (daughter) to move out, also. They are very miserable in this environment and this is tremendously stressful for them.
8) Fast forward about 8 months, to present day, and the son is still living there. There have been numerous conflicts between the grandson and almost everyone who has spoken against him being there. The guy can’t or won’t hold a job. My father said that since the grandson has been living there, he has had seven jobs that he worked only one day each, or less. He has a destructive temper. He has broken three things in the home, that I know, due to temper fits (stove door, bedroom door, back door). Things have come up missing, including his own mother’s beat up old Chevy Cruiser, which he claims was stolen. I have serious doubts that anyone would have taken enough interest in it to steal it, but it might have been good for a drug trade.
The last straw for my parents, my brothers and me has come. The grandson, a 23-year-old thug, has to go! This past weekend, April 29, around four o’clock in the morning, the grandson-thug brings a dying, drug-overdosed friend to my parents’ driveway to let him die. That’s right; not to the hospital, to my parents driveway. Dead! Seven vehicles with flashing lights, dead!
My brothers and I spoke to a Birmingham police officer on Sunday, trying to get a restraining order to get the thug out of the house and off the property. Did not work! We were told that we would have to go through the eviction process. My urgent question for you, based on the facts above: Is there a way to remove the thug quicker than the eviction process, since he is there unwanted and uninvited by the owners, and since he has a destructive temper, and is a potential threat to my parents?
Anxiously awaiting your reply,
Wayne
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. 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. I am sorry to hear about this situation. First of all, please understand the steps that may be taken care:1) notice to quit (optional notice to leave);2) eviction (actual suit called "unlawful detainer");3) writ (having authorities come out to force them out).At this point, he is is known as a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the landlord and may be terminated at the will of the landlord. See Brewton v. Ala. Farm Bureau Mut. Cas. Ins., 474 So. 2d 1120 - Ala: Supreme Court 1985 (affirming such a doctrine in Alabama exists).Even though he does not have a right to stay there, they still have to evict them. See here for a step-by-step on how to evict someone.Before evicting, they can send him a notice to quit (here, just the first page). They do not have to send a notice to quit for a tenant at sufferance in Alabama, but they can and it is recommended, and possibly give them 3-7 days.If he does not leave, then they can evict them in Court. If he still does not leave after an eviction, he can get a WRIT and have him forced out by the authorities. However, most parties either pay or leave after (1) notice to quit, or (2) the filing/hearing of an eviction. I am sorry to say that there is no quicker way to remove him unless he is imminently threatening the others on the property. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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