It looks like you're using an Ad Blocker.

Please white-list or disable AboveTopSecret.com in your ad-blocking tool.

Thank you.

 

Some features of ATS will be disabled while you continue to use an ad-blocker.

 

throwing someone out of home

page: 1
0

log in

join
share:

posted on May, 22 2007 @ 04:01 PM
link   
Ok so my BIL is trying to throw out his nephew, but the law says no, you can't do that. Is that not crazy? BIL took in nephew and allowed him to stay for several weeks due to his having no place to go. My BIL is sick and disabled and owns his home.

This young man went off the deep end and was carving on himself and BIL asked him to stop and they got into an argument, eventually it led to violence and BIL had to call the police, they took him the nephew to get psychiatric help.

He is getting out and my BIL informed him he could not come there but the nephew says yes he is coming there, it is now home for him and he does not have anywhere else to go; so my BIL called the police and they said he has a right to come back, that once he stayed there a certain amount of time he can't be thrown out just like that.

This situation escalated to violence already once and now the laws are forcing my BIL to allow him to come back into his home. This is crazy!!! We are in Va. , is this some crazy law to protect someone with mental health problems or what? It seems it is setting up a bad situation to me.

This young man has not provided any rent in any way shape or form and my BIL only has one home and this was not a rental deal, it was just, you can stay here until you find something. Now he can not legally tell him not to come back, I just don't understand. Anyone know what the laws are on such situations in Va. ? Can this be real or is my BIL not having a good understanding of what the law is telling him? I am really worried someone will be hurt if this situation continues.



posted on May, 22 2007 @ 07:02 PM
link   
The only question I would like to ask is.. How old is the nephew??

If the nephew is legally an adult, I think that the uncle can kick him out.

If the nephew is a minor then the uncle cannot, unless another family member can take him in.

Actually a couple more questions...

What brought it upon the nephew to "have no place else to go"? Where was he staying previously? Did he once have a job that was sufficient to support himself? If so, what happened to that job?



posted on May, 22 2007 @ 07:08 PM
link   
If your BIL is disabled and the nephew used violence, he should be able to get a civil restraining order from family court. The nephew will not be able to move in if the restraining order precludes it.

I realize this site is for women's law, but women use restraining orders most often. The law will apply for your BIL as well:

www.womenslaw.org...

The majority of county courthouses in the US have their forms and procedures online. You could try googling "(county, VA) + family court or protective order"



posted on May, 22 2007 @ 07:22 PM
link   
I mostly deal with Landlord-Tenant issues in Ontario, Canada, but I don't see this as being too much of a problem. Most of the laws that apply are just common sense.

First off, If a situation has become violent and the police have been involved your BIL can apply for a restraining order against the nephew so that he can't re-enter the premises without police escort, and only to collect his possessions.

I suggest everyone involved refresh themselves with local laws.
fairfaxcounty.gov
arlingtonva.us
dhcd.virginia.gov

I can't see any jurisdiction forcing someone to keep a relative in their home when it was a temporary situation to begin with, and that agreement was never in writing, such as a lease, and no money has changed hands.

I hope the situation can be worked out amicably, but if not, bolt the doors and refuse him entry. And then get the police involved again.


My 2 CDN cents, for what they're worth.........



mod edit: shortened links




[edit on 23-5-2007 by sanctum]



posted on May, 23 2007 @ 02:27 AM
link   
Thank you all, the nephew is an adult. I will definitely tell my BIL to get a restraining order. The police may have told him this and he may have gotten so upset that he has to do this, since he was just doing someone a favor and it turned into a bad situation, and he assumed that just saying you can't come here would be enough.



posted on May, 23 2007 @ 03:22 AM
link   
Hey goose,

I'm not a lawyer, but I'm pretty good with Landlord-Tenant law, and I've never lost a case when it had to go to tribunal, mediation, or into court. (and I've done quite a few cases)

If you need additional help to get this resolved I'd be willing to do a bit of digging through VA law to help you out.

Let me know if it isn't resolved, but when it comes to family, hopefully it can be worked out without involving the courts.



posted on May, 23 2007 @ 03:41 AM
link   
Thanks so much, hopefully my BIL will be able to get him out of the house by a restraining order. Sadly I am afraid it will come to that.
My BIL gets confused easily sometimes when stressed so hopefully he was simply misunderstanding the officers words on this.

I just can't believe the laws in the state of Va. would actually force someone to take a person back into their home once they had a fight and no rent was exchanged.

The only way I could see my BIL being forced into this is maybe some laws being made to protect the mentally ill from getting thrown out of housing.

I am going to tell hubby to tell my BIL to call the district attorney in our county and see what he needs to do to keep this young man from moving back. I am afraid if this young man comes back the next time they have words it will escalate and someone will be hurt worse than they were this time. They both ended up in the hospital over this last situation.

My BIL had to go to the ER for physical problems immediately after this incident. I am very sorry for them both and pretty much knew it was going to be a bad situation when this all started. Unfortunately I was right, though honestly I was hoping they would get along fine and be a help for one another.


[edit on 23-5-2007 by goose]



posted on May, 23 2007 @ 03:48 AM
link   

Originally posted by goose
They both ended up in the hospital over this last situation.


That alone is grounds for a restraining order.
No one is required to live in fear in their own home. :shk:



posted on May, 23 2007 @ 04:05 AM
link   

Originally posted by goose

I am going to tell hubby to tell my BIL to call the district attorney in our county and see what he needs to do to keep this young man from moving back.


You can go to a Justice Of The Peace at your local court or police station to request a temporary restraining order.

I've had people committed for psychiatric evaluation for 72 hours with only my word at a JP.
They can give you a warrant to serve on an officer of the law, and then they are required to pick the person up. And even if that doesn't fit the situation, they can advise you about your options.

[edit on 23/5/2007 by anxietydisorder]



posted on May, 23 2007 @ 06:09 AM
link   
That may be the problem is that he got committed or signed himself into a mental health facility and that is where I think the problem might lie, in that laws set up to help people with mental problems not get thrown of their housing might be the reason the police are all telling my BIL that he has to allow him back in the home, since his getting thrown out of the home will render him homeless. Perhaps the police are not aware that the young man has paid no rent and has no rental agreement.

I am all for anyone sick being able to maintain housing if it is safe for everyone concerned, but I'm afraid this situatiion will escalate into more and worse violence. Will keep you guys posted on how things go, I am hoping my BIL's children who are also adults will get involved and help their father get some assistance on this matter. This is such a sad situation.



new topics

top topics



 
0

log in

join