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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86538
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex boyfriend is living here...I was able to get him social

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My ex boyfriend is living here...I was able to get him social security benefits and am responsible for paying all the household expenses....he told our daughter that I keep the money for myself and that I kicked him out...he left for 2 hours last week in the PM, not saying that he was leaving...he returned and I would not let him back in...so he went to his car... and daughter in turned called adult protective services...they in turn came to my house last week with 2 sheriff inspecting everything inside/outside, asking him questions, asking me questions...today 1 week later the adult protective case worker is calling on the phone...I missed her call due to work....what is my obligation to protective services, do I have any rights...because of this my feeling is to have my ex look for a new place to live...I may add that my daughter is not welcome in my home because she has stolen so much from my house...my last and final straw was when she stole my birth certificate and passport...I told the protective services worker all of this...
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) How old is the daughter?
2) Whose name is XXXXX XXXXX mortgage/lease - just yours?
3) What exactly did he allege - that she is living in an unfit environment?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

Thank you, daughter is 22 years old, I feel she stated this is an unfit environment as the worker kept asking me about my pets ( I have 3 dogs and 4 cats)...she told the worker I keep all of the money for myself and that I kicked out her father who is my ex boyfriend.. my house was recently tiled so it looks good....just my name is XXXXX XXXXX mortgage..

Expert:  Ely replied 11 months ago.
Thank you. There are two issues to deal with, and we will discuss both.

Protective Services
what is my obligation to protective services, do I have any rights

You do not have to talk to them. You can simply refuse to cooperate. The issue with that is that protective services is mandated by the state to take care of certain issues such as protecting vulnerable adults from being harmed or exploited. If you show them that nothing of the sort is happening, they should simply leave you alone.

So while one does not have to cooperate and can simply not talk, or, get an attorney, it is best to allow them to do their investigation, be satisfied that nothing wrong is going on, and walk away.

Him Living There
He is what is known as a tenant at will. A tenant at will is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant at will has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick him out of the home. He must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate him.

However, many tenants at will simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.

So here, you may:

1) Give him notice to leave and if he does not;
2) Evict him as though you would a tenant; and
3) Have the authorities remove him by force if he still does not leave; and
4) Change the locks.

Again, the majority of tenants at will shall leave upon notice, or shortly after an eviction is filed.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86538
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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