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Thanks all! He has mailed them an eviction notice (certified mail) and they refused it. He has documentation of their refusal of the letter.
And since they don't know what's in the letter, and had the presence of mind to refuse it, they HAVE NOT BEEN SERVED PROPER NOTICE.
Stop listening to the "advice" being given here: Your brother NEEDS TO GET A LAWYER, and handle this properly. If he doesn't, he's going to end up in a lot of trouble.
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And yes--they are NOT happy with my brother, despite all the help and assistance he's given them in the past.
That's what you get when you help out freeloaders. And now he's going to have a battle to get them out.
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Thanks for all the suggestions--I'll pass them along!
While you're at it, pass this along: GET A LAWYER.
If he tries to "evict" them and does it wrong, HE could end up being sued.
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If he is selling the house, go ahead and sell it. Then they will have to leave.
No they don't. Not if they're not properly and legally evicted. And good luck selling with squatters.
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Refusing a certified letter is great proof for eviction.
Really? And you are certified by what state bar?
As I said - get a lawyer. Or your brother is going to find himself in a mess.
Just file for non-payment of rent. The judge will then hear the story and evict them.
That may be the way it works in NJ, but can you say it works that way in VA?
In California, you have to have a properly served eviction notice before you can begin any sort of eviction hearings. This includes a properly posted "notice to pay rent or quit", followed by filing in court and PROPERLY serving them.
"Just file for non-payment of rent"? It's not always that easy.
The legal route may take a long time. As they are sort of "family", he may not be able to evict them at all if they don't want to go.
The easiest thing to do would be to put all your own things in storage, move in with your gf for awhile and rent out your bedroom to a known felon - someone with a history of theft. I'd be asking around and seeing if someone I knew had a kid (or kids) that had drug and/or alcohol problems and give THEM a 6 month lease. That may be incentive for your leeches to move. A friend's kid will be easier to evict (depending on the state).
Or you could consult a lawyer, which is probably the best thing.
Yeah--I think he's going to need a lawyer, too. Our entire family has been telling him for YEARS to get them out, but he just wouldn't do it--until recently, he LOVED having them there! I'm not quite sure what my brother is thinking; I just know most of the time it makes no sense! Your home is your largest investment, and he's allowed them to paint rooms garish colors and combos--and actually "take over" the home. We are very frustrated with him!
Thanks for all the suggestions everyone!!!!
Thanks--I will. He's a good guy, but I think he's 1 can short of a 6-pack, if you know what I mean!!! I mean, he's my brother, and I love him, but....his choices leave me befuddled most of the time!
Our family is just worried about him, and his home.....Thanks, everyone!
Hey in this REO market there is such a thing called cash for keys. Maybe yr brother can do that just to get them out. Sometimes $$$ speaks louder than words. Eviction court can be a long drawn out process, they may purposely damage his home. Maybe he can offer to pay their security deposit or 1st month rent. I know he owes them nothing but sometimes you just want folks to move on!!
>Maybe he can offer to pay their security deposit or 1st month rent. I know he owes them nothing but sometimes you just want folks to move on!!<
Might work but, UGH, loafing turds deserve nothing. Score 1 for practical and 0 for "what should be". I like the felon idea. Maybe a harmless guy who talks to himself in a spooky way...
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