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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: 7 months ago.Category: Legal
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Answered in 1 minute by:
12/28/2017
Lawyer: Loren, Attorney replied 7 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,222
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I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
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The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
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Lawyer: Loren, Attorney replied 7 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 7 months ago
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Lawyer: Loren, Attorney replied 7 months ago
Did you have further questions? Have I answered your question? Please let me know.
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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.

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