a question about elder abuse/landlord-tenant law

Discussion in 'The Barber Shop' started by jd_1138, Mar 2, 2011.

  1. I figure some of you are in law enforcement, law, or may have some knowledge about this sort of stuff.

    My wife has a very small family. It consists of her beloved aunt and her aunt's husband (her uncle), and they have 2 sons -- the older son has 2 sons of his own. Their younger son (who is 38 years old) still lives at home with them. He's never had his own place. And they have to pay for everything for him -- health insurance, car insurance, food, utilities, etc.. He has a part-time job but never gives them any money. He saves his money, and every 4 or 5 years, he goes down and buys a brand new car with cash, like he's a hotshot or something.

    And he's abusive towards them -- mostly mentally and emotionally. He screams at them and gets them upset, and they are in their 70's. They can't enjoy their retirement, and he's making their life hell. He has been physically abusive towards them in the past. He broke his dad's hand once. He's a very big guy -- obese, like 500 pounds.

    Anyway, me, their other son, and his son's adult son are thinking of kicking this asshat out of their house. He wouldn't be destitute, not that I care about that. He has thousands of dollars saved up. He can rent an apt.. But her aunt and uncle are afraid that the law would be on his side, and that they'd have to give him 30 days eviction notice, and in that time, he would destroy their house.

    I don't think they'd have to give a 30 day notice, would they? Because he hasn't signed a lease, doesn't pay rent, and he is abusive to them. The abusive part should mean that the "lease" would automatically be broken, right? This is in Ohio. And also, could we get a deputy to be there while we put him out? Is that a normal procedure? Any advice is appreciated.
  2. My two cents: If it came to a point where it was left up to a judge, I'd bet the judge would side with the elderly couple. If there was irrefutable documented evidence of physical abuse, I'm betting there would be jail time involved for the 38 year old.

    If it were up to me and a few family members and friends, the dude would be out on the curb in 5 minutes flat and he probably wouldn't be feeling too good for a long while either.

    It's their house? Their names are on the documents? As far as I can tell, they're under no legal obligation to take care of a 38 year old man, if he's of sound mind. My opinion: They did their time, kick him the hell out.
  3. I'm not an expert in this but what you already stated sounds correct to me.
  4. +1 He needs to be physically removed from the premises
  5. franz

    franz Moderator Emeritus

    I'm not a lawyer but I think that unless his name is on a lease or something to that effect, he has no legal right to remain there for any period of time if they want him out. A charge of domestic violence and/or a restraining order might be a good idea.

    Sad story. I'm sure you will get more specific answers from people with more expertise. Good luck.
  6. ouch

    ouch Moderator Contributor

    Fixed it for you.
  7. I concur. if he's not listed anywhere as a renter AND if he's not paying rent then they can do whatever they want, which means kicking his butt out without notice. I think it's despicable that he's 38 and mooches off his parents, which doesn't make him any different than a parasite imo. I mean Christ, I got booted out of the house when I was 17 and have been on my own ever since. If you (or your parents) don't do something now he'll continue to leech off of them.
  8. Do they actually want him out? Have they ever asked him to leave?
    Or are they being pressured by others to do so?

    It would be a shame if they felt they were being bullied by both sides.
  9. I think I would start with doing the BOLDED part. After I got done with that then I would tell him to leave. Make sure you kick it good.
  10. I'd love to put my self-defense skills to use on this punk, believe me. I guess if he gets violent with me, I will unload on him -- self-defense. It's a real shame too. His parents are awesome people -- volunteer at church and they help the homeless. They are sweet people, and they don't deserve his abuse.
    Last edited: Mar 2, 2011
  11. That is a very good point. But he did mention that the aunt and uncle (the elderly couple in question) felt that the law would be on the 38 year old's side. So I'm assuming that it was discussed already with the elderly couple.
  12. they definitely want him out, but are afraid of him getting violent and hurting them. He's threatened to kill them if they ever boot him out.
  13. Screw him then. Do you have any friends that are cops? Or do you have any friends that have friends that are cops? Sit down with an officer and explain the situation, pick a date that everyone agrees on, and have the police officer (or two, or three) monitor the event so that it doesn't get out of hand. If he tries anything, the cops will be there to protect everyone concerned and no one else will get charged with anything on account of this jerkoff.
  14. This can no go any further. Trust me on this one.

    If he has no name on the lease of the house then a restraining order needs to be put into effect IMMEDIATLY. Do not delay with this. File a restraint order. Get him removed from the premises, change the locks the second he is out the door and have someone guard the house 24/7 for thefirst week at the very minimum.
    This might sound like an over reaction but it's not. You can never be too safe in these situations. There's a high chance he will try to take revenge and if he does he needs both jail time and counselling.

    Remove him now and best of luck.
  15. +1
  16. You should immediately contact your local Adult Protective Services offices in conjunction with local law enforcement. Document your evidence and push for charges to be filed. They don't have to tolerate abuse, lease or none.
  17. Here in Ohio they can serve him with a 3 day notice to quite the property for whatever reason, usually non-payment of rents or other violation of agreement. The 3 days does not include weekends or holidays EG: served on Friday, person has Friday, Monday, Tuesday to quite the property. You would also have to serve them in the presence of a witness because if they choose not to quite the property voluntarily you would have to sue them. The judge can order them to quite the property from anywhere from 1 to 30 days but where I live the judge has been giving no more than 10 days. I'm getting ready to go through this process myself for non payment of rent, surprisingly it's pretty easy in Ohio.
    Bear in mind I'm by no means an expert on this, I'm just unlucky enough to have a deadbeat renter.

    I'm not clear on the restraining order process but I think they can get one based on what's been said pretty easily.
  18. the OP's situation is slightly different. it's clear the person he's talking about isn't paying rent, so I don't think the scenario you described would apply. I think family members and law enforcement need to get involved before the situation gets volatile
  19. Getting law enforcement involved is a must but they will only take a report on they abuse and possibly make an arrest if he is onsite at the time if the abuse is evident. The abused / family must go to the prosecutor and file charges and start the process for a restraining order. They will also have to evict him because it is his place of residence unfortunately. Because lives in the house they will have to legally remove him if he doesn't want to go peacefully. Personally I'd take him for a ride and let him know how it is, beating up on old people is the lowest of the low and if the OP needs a hand I'd be happy to provide alibi or help give a lesson to this piece of trash.
  20. I think you would have to go through a full, formal eviction procedure (even if no lease). You can go down to the state court which handles evictions in your county and ask (this would be the clerk of court's office). Sometimes they will answer a few questions. Or you could hire a lawyer and ask him or perhaps some agency for seniors could answer your question.

    The parents have to want him gone and be committed to see it through.

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