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Old 12-07-2009, 10:08 AM
 
5 posts, read 13,642 times
Reputation: 19

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My Daughter is 31 and moved back in with me 9 months ago. She has since started using drugs, stealing from me and making the house dangerous to live in because she keeps over loading the circuts by hooking up to much on one plug. She has cause a small fire twice by knocking over candels and leaving stuff on the stove. The police have been here before and I told them that I want her to leave and they say I have to evict her. she has no lease and pays no rent. Is this true? She is seeing a therpist but it does not seem to be helping.
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Old 12-07-2009, 10:14 AM
 
Location: Greensburg, PA
1,104 posts, read 1,521,953 times
Reputation: 176
Have you tried talking to her face to face, no yelling, just talking in a calm manner? I know it's difficult being a mother or father to talk to a 31-year-old daughter but she's not being very respectful of you or your property. She's apparently using you for your house because she has nowhere else to stay. What is going to happen when you die one day and she has nowhere else to go? She needs to get a job since it sounds like she doesn't already have one. If she has any friends, most likely they are doing the same stuff that she is and it's not helping. She needs new friends, someone that's going to tolerate her behavior but help her get better.
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Old 12-07-2009, 10:19 AM
 
9,856 posts, read 7,768,305 times
Reputation: 5319
Tell her she has to leave, and if she doesn't listen you could call the police on her for trespassing, couldn't you?
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Old 12-07-2009, 02:13 PM
 
42,982 posts, read 49,269,547 times
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Everyone is missing that the OP has a legal question. The police told her that she needs to initiate the eviction process.

OP, you can't just ask the police to remove someone from your home if they live with you. The police are in no position to make judgements on who owns property, if there is/is not a lease, etc. Her not having a lease or paying rent doesn't mean that she doesn't have a legal right to notice.

You'll have to consult a lawyer because I'm not knowledgable on the details. I only know that no police officer will evict a relative from a private residence without a court order. Remember, the last time a mother called the police to remove an adult child from a household, four police officers were killed in Stanton Heights.
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Old 12-07-2009, 02:46 PM
 
Location: New Kensington (Parnassus) ,Pa
2,424 posts, read 872,174 times
Reputation: 603
Go to the magistrate and file a notce to evict, very simple.
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Old 12-07-2009, 02:49 PM
 
42,982 posts, read 49,269,547 times
Reputation: 28628
Quote:
Originally Posted by aveojohn View Post
Go to the magistrate and file a notce to evict, very simple.
Finally, someone who knows HOW!

I only knew that she couldn't simply ask the police to make her leave the house, and the daughter had a right to some sort of official notice.
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Old 12-07-2009, 02:57 PM
 
9,856 posts, read 7,768,305 times
Reputation: 5319
If she has no lease and pays no rent then it is very simple. She is trespassing on private property. You can't evict someone if they don't have a lease, but if you tell someone to leave your property and they do not, they can fine/give probation to the daughter.
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Old 12-07-2009, 03:40 PM
 
5 posts, read 13,642 times
Reputation: 19
Thanks for the responce. Today I did go to the Magistate and they said she will have to be evicted. Even if she is my daughter and does not pay rent. When she steals something and I call the police, they say that it is my word against hers so don't leave anything around that she can steal. All this is hard to believe but true. I am more heartbroken than anything.
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Old 12-07-2009, 04:03 PM
 
42,982 posts, read 49,269,547 times
Reputation: 28628
Moderator cut: deleted post
She isn't a tresspasser since she was welcome to live there for 9 months. The fact there is no lease or rent paid does not mean that she doesn't deserve a right to notice. There obviously was an oral agreement that the OP would allow the daughter to live there. Even if the oral agreement included monthly rent, the daughter wouldn't be considered a transpasser for not paying rent. The response from the OP's magistrate office validates that the daughter deserves notice; otherwise, the OP wouldn't have been told that she needs to evict her daughter---which involves a NOTICE to evict. The police have told her. The magistrate has told her. Not sure what other proof you need that this isn't an issue of tresspassing.

Last edited by Keeper; 12-08-2009 at 07:22 AM..
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Old 12-07-2009, 04:09 PM
 
42,982 posts, read 49,269,547 times
Reputation: 28628
Quote:
Originally Posted by srew View Post
All this is hard to believe but true. I am more heartbroken than anything.
I'm sure it is heartbreaking. I'd fear allowing her to live there indefinitely could create a potentially dangerous situation in the future.
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