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How can i evict my brother out of my moms house there is no…

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how can i evict my...
how can i evict my brother out of my moms house there is no rental agreement,but he pays utility cause its under his name,he lets people live an store there,without my moms permission, an acts like he is the lanlord is that ok for him to do that
Submitted: 7 months ago.Category: Legal
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11/28/2017
Lawyer: legalgems, Lawyer replied 7 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,711
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 7 months ago

Thank you kindly for requesting me.

There are a few possible issues;
first is elder finanial exploitation; if a person that is in a position of trust (ie adult child) uses this position to unduly influence -"manipulate" -the senior and receive some financial benefit (Free rent) by virtue of this manipulation that can be the basis for a civil and criminal suit. Usually they will pursue conviction if it is a serious offense such as withdrawing money from one's bank account-this type of crime is on the rise so things such as free rent seem to fall between the cracks; but you can refer it to adult protective services and they may investigate.

https://www.hawaiiadrc.org/Portals/_AgencySite/Diane/EA-Prevention-07-2014.pdf

In Hawaii, a person that resides in a home is considered a tenant even if there is no lease and no payment of rent; it is considered an implied lease. If the person has lived there for at least 30 days the court will usually require the "landlord" to proceed with eviction;

those forms can be found here:

http://www.courts.state.hi.us/self-help/landlord/forms/tenant_forms

The owner of the house would be the person with standing to do this; here is a detailed book on landlord/tenant rights:

https://cca.hawaii.gov/hfic/files/2013/03/landlord-tenant-handbook.pdf

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Lawyer: legalgems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

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if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
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