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Old 11-09-2014, 09:56 PM
 
2 posts, read 2,813 times
Reputation: 10

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Hello All,

I have a huge problem that I just don't know how to handle. I am probably to going to give way too much information here, but I want whoever responds to be able to give me an accurate answer. I don't even know if this is the right place to go, but I need to start somewhere.

I own a retirement condo that my father lived in until he passed away this last February. Sometime before he was diagnosed (2013) he took my older brother in who had no place else to go. He (my brother) has had a long history of not being able to hold a job, getting arrested, drug abuse, etc. My father took him in because he thought (hoped) he could help him, but ended up only enabling his lifestyle.

When my father passed, I told my brother he had to leave because I can not afford to pay for that unit as well as my house. My brother told me that he was waiting for his disability case to come through, and then he would leave. Long story short, my brother did end up getting his disability settlement, but I still can't get him to leave. I've been wanting to get the place on the market to sell it, but it would be impossible while he's there because he's an absolute slob and a disaster.

I've had several people tell me that not only is he using heroine, but he's also dealing it out of the house. My uncle and I tried to talk him into going into rehab several times, but he has denied using.

My brother has paid me exactly nothing during the time he has been there. He pays no utilities or maintenance fees. He has no lease or agreement with me allowing him to stay there. He is not even old enough to live there as it is a 55+ adult community.

I would like to go to the police and have him arrested for trespassing. I've had some people tell me that I cannot legally do that, as my brother gets his mail sent to that address and that is enough for him to establish residency there. I thought about going to the police and telling them that I believe he is dealing drugs there, but I've been told that if they find drugs there, they can seize the property. I currently work for DEA compliant warehouse where we store different pharmaceutical products. I am drug tested regularly and the company performs background checks. I am afraid my brother is going to get busted for drugs and it will be on record he did this out of a property that I own.

I had to recently list my house for sale partially because of all the bills I've incurred from the condo. The condo is attached to my house because I bought it using a home equity loan from my house. I need him out NOW - how can I do this without biting my nose in the process???
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Old 11-09-2014, 10:17 PM
 
Location: NYC
16,051 posts, read 25,320,799 times
Reputation: 24798
Contact a lawyer. Your brother is living there, and paying some money, he is a renter. Start the eviction process to get him out.
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Old 11-09-2014, 10:23 PM
 
Location: Earth
7,658 posts, read 5,607,479 times
Reputation: 5811
hm...

you're going to have to make your brother disappear.

Remember, no body, no case.

and make sure not to talk to the cops!

http://www.youtube.com/watch?v=6wXkI4t7nuc

You could also hire some PIs and have them make him an offer..


Breaking Bad: Huell - Reasonably - YouTube

or pray that he chokes on his heroin and clean up the mess before the cops come
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Old 11-10-2014, 05:51 AM
 
2 posts, read 2,813 times
Reputation: 10
My brother has NOT paid me one cent since he's living there, and there is no lease or agreement of any kind, so I *think* he is not considered a tenant, he's a guest. The laws for guests are different than for tenants. Again, I'm about 90% that this is true but I need someone who *knows* this stuff to verify before I take action. The wrong action could be very bad for me.

As far as he goes, I think jail is the best option for him, it would force him to clean up.

I was hoping there would be a lawyer or police officer (or landlord who's gone through this before) who knows about this type of stuff to weigh in.
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Old 11-10-2014, 06:18 AM
 
Location: NYC
16,051 posts, read 25,320,799 times
Reputation: 24798
Sorry, I thought your brother had paid, missed that! You may want to move this to the renting forum. You'll get decent advice ther (mostly get a lawyer). That said, your brother can be considered a squatter, the laws vary by state, and can be very difficult to get someone out.
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Old 11-10-2014, 07:57 AM
 
Location: Mid-Atlantic
31,222 posts, read 32,186,423 times
Reputation: 40367
He is a squatter. You need to talk to a lawyer. You'll probably have to give him written notice to vacate. After that you can have him and his possessions removed from the property and change the locks.

I'm not sure if there will be any complications because your father invited him to live there--though any obligation should have ended when your father passed--or because he's not breaking the terms of a lease. Still, he is a squatter. Talk to a lawyer and find out how to legally get him out of there.
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Old 11-10-2014, 09:20 AM
 
Location: NYC
16,051 posts, read 25,320,799 times
Reputation: 24798
Quote:
Originally Posted by Gerania View Post
He is a squatter. You need to talk to a lawyer. You'll probably have to give him written notice to vacate. After that you can have him and his possessions removed from the property and change the locks.

I'm not sure if there will be any complications because your father invited him to live there--though any obligation should have ended when your father passed--or because he's not breaking the terms of a lease. Still, he is a squatter. Talk to a lawyer and find out how to legally get him out of there.
^^^do not do this unless advised by a lawyer. It is illegal.
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Old 11-11-2014, 01:36 PM
 
Location: The place where the road & the sky collide
23,806 posts, read 32,199,049 times
Reputation: 10239
Quote:
Originally Posted by veuvegirl View Post
^^^do not do this unless advised by a lawyer. It is illegal.
The advice is sound & started with talking to a lawyer. Did you miss that?
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Old 11-15-2014, 08:18 AM
 
518 posts, read 1,559,294 times
Reputation: 323
Company is like fish--it stinks after three days.
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Old 11-15-2014, 08:24 AM
 
41,572 posts, read 28,318,114 times
Reputation: 68136
I would try to get the condo board involved...it is their rules he is violating if he is not old enough to live there, and if he is really dealing, I'm sure they don't want him there either.
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