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I am trying to find out if i can file an emergency motion to…

Customer Question
I am trying to...

I am trying to find out if i can file an emergency motion to have my husbands son who is living at my house removed. We are going through a divorce and recently he allowed his 31 year old son to move in. Since he has moved in he startimg bringinh strangers into my house and smpking weed and drinking. My property has been damaged and my personal itrms have gone missing. Also the stove was left on once when i arrived home. I have had to make special arrangements for my 17 year old son because of his personal safety and find him a place to live.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I'm in Toronto Ontario.

Lawyer's Assistant: Has anything been filed or reported?

Nothing has been filed. My lawyer is waiting for his disclosure which is past due.

Submitted: 1 month ago.Category: Family Law
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3/14/2018
Family Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,279
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thanks so much for your considerable patience.

This sounds like you may need to begin the eviction process because you are the landlord and your husband's son is a tenant under the law. The eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; in most cases it is at least 30 days. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. Regardless, if a tenant fails to pay the agreed upon rent, is at the end of their tenancy, or is not performing promises in the agreement, then you can evict.

If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

What other questions did you have for me today that I can help you out with:-)?

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Category: Family Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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