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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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My brother has damaged my parent's rented condo from his horrible addiction. My dad has finally had enough. Can he legally evict him without involvement of the landlord?
Your parents should start by reading their lease. Rules for this type of situation can vary by state and by the lease contract.
Unless your brother commits an actual crime the police don’t have any power over a civil matter (until he resists an eviction notice). If your brother becomes threatening or violent this is when your parents call 911.
Your parents would benefit by going to Al-Anon meetings so they can more clearly see and defend boundaries. Or/and, they can talk to a rehab counselor about an intervention. Your parents are helping to keep him sick by enabling him. It may be worse than kicking him out and him being homeless for a while.
If I were your parents I might consider being prepared for a day when he's out of the house. Then I'd pack all his crap up in a duffle bag and put it outside and change the locks or key code. They can give him a gift card for 1 or 2 nights at a motel while he collects his thoughts. Then if he keeps returning to the condo they can maybe try to get a restraining order.
Rather than guessing, your parents could go straight to an attorney to find out what their options are. It will be less money than what your parents are wasting on your brother currently.
I agree also. This whole situation has been a nightmare. According to the police he has tenants rights because my Dad has allowed him to stay for so long.
Are your parents living in the Condo? If so, if brother is not on the lease, they may just need to ask him to leave. But, your parents would be responsible for the damage whether they lived there or not. So, I may get the landlord or his agent involved. I would want it legal and above board. Not sure how the law would be if your brother is not on the lease so not legally suppose to be there. Your parents could lose their lease. A Landlord does not have to renew a lease. Maybe Dad should consult with a realtor lawyer.
I googled "Eviction notice in New Hampshire" this is what popped up:
1. Landlord serves a seven- to 30-day eviction notice. 2. Landlord files an eviction lawsuit with the court. 3. Court serves tenant a summons. 4. Tenant files an appearance. 5. Landlord and tenant attend court hearing and receive judgment. 6. Writ of restitution is served. 7. Sheriff returns to forcibly remove the tenant.
The landlord is either the owner or the owner's agent and is responsible for the upkeep of the property and the payment of dues, etc.
How could you possibly sneak this by the landlord?? I think you'd be far better off getting the landlord's input as there may be contractual issues if your dad simply evicts your brother. Unless the landlord is not ever around--you can't slip something like this by him.
Curious--what kind of damage are you talking about? There's really no way the landlord isn't going to find out what's up. I think full on honesty is best in this situation.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Unless your brother commits an actual crime the police don’t have any power over a civil matter (until he resists an eviction notice). If your brother becomes threatening or violent this is when your parents call 911.
Your parents would benefit by going to Al-Anon meetings so they can more clearly see and defend boundaries. Or/and, they can talk to a rehab counselor about an intervention. Your parents are helping to keep him sick by enabling him. It may be worse than kicking him out and him being homeless for a while.
If I were your parents I might consider being prepared for a day when he's out of the house. Then I'd pack all his crap up in a duffle bag and put it outside and change the locks or key code. They can give him a gift card for 1 or 2 nights at a motel while he collects his thoughts. Then if he keeps returning to the condo they can maybe try to get a restraining order.
Rather than guessing, your parents could go straight to an attorney to find out what their options are. It will be less money than what your parents are wasting on your brother currently.
this is what popped up:
1. Landlord serves a seven- to 30-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant a summons.
4. Tenant files an appearance.
5. Landlord and tenant attend court hearing and receive judgment.
6. Writ of restitution is served.
7. Sheriff returns to forcibly remove the tenant.
The landlord has a right to know what is going on. Is there a reason why you wouldn’t want his involvement?
My oldest brother, now deceased was an addict. I know how hard this is for your family. I’m so sorry that you are dealing with this.
The landlord is either the owner or the owner's agent and is responsible for the upkeep of the property and the payment of dues, etc.
How could you possibly sneak this by the landlord?? I think you'd be far better off getting the landlord's input as there may be contractual issues if your dad simply evicts your brother. Unless the landlord is not ever around--you can't slip something like this by him.
Curious--what kind of damage are you talking about? There's really no way the landlord isn't going to find out what's up. I think full on honesty is best in this situation.