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How to start ejection procedures for my brother living in my…

Customer Question
How to start ejection...

How to start ejection procedures for my brother living in my parents home. He is not paying and running the property into the ground.

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

Hawaii

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

Police report once because he locked doors so no one could enter the living spaces

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He doesn't work, pays nothing and has his friends over every night. My parents are staying in Nevada in my home because I felt it was unsafe for them to stay there.

Submitted: 2 months ago.Category: Legal
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Answered in 1 minute by:
12/28/2017
Lawyer: Loren, Attorney replied 2 months ago
Loren
Loren, Attorney
Category: Legal
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Lawyer: Loren, Attorney replied 2 months ago
Your brother has the rights of a month to month tenant because they have or have established residency. This is true even if there is no written agreement and they pay no rent.
In order to evict them your parents need to give 28 days written notice that his tenancy is terminating. The notice need not be formal or officially served through a court. A note he is handed or mailed via certified mail is fine.
If he refuses to move out after the notice period expires then your parents need to file a forcible detainer in court (they can get the forms from the clerk of the court), obtain an order of ejectment and place the order with the sheriff for execution. The sheriff will come and physically remove (evict) your brother and their personal property.
Your parents can do this themselves, but, since they are living out of state, they may find it expedient and helpful to hire an attorney. If they need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.
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Lawyer: Loren, Attorney replied 2 months ago
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Lawyer: Loren, Attorney replied 2 months ago
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