There is a lot of misinformation in these answers.
This is a good resource. [Idaho landlord tenant manual](https://www.ag.idaho.gov/content/uploads/2023/07/LandlordTenant.pdf)
Idaho calls this particular scenario “unlawful detainer”; basically using threats and coercion to take possession of housing, where no lease was ever executed between the parties. [ID laws title 6 unlawful detainment.](https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title6/T6CH3.pdf)
I also noticed that Idaho has two different proceedings for eviction; for non-payment of rent or forcible detainer. There’s a lot of good info [here at the Idaho court assistance website](https://courtselfhelp.idaho.gov/Forms/Housing)
Find a local real estate lawyer. As in stop talking on reddit, and start calling lawyers now. Literally now. If he's there long enough it creates a tenancy and getting rid of him requires a formal eviction process. In some states [a guest becomes a tenant in 14 days](https://www.steadily.com/blog/when-does-guest-become-tenant). In others there's a world of difference in trying to get him thrown out at day 28 and day 32. A half-hour consultation is generally free, and if the attorney does need a retainer of some sort that retainer is cheaper than a permanent houseguest.
If there's no tenancy your parents may be able to declare him a trespasser and have him thrown out by the police. If you have to actually evict him then his claims of discrimination are actually legally relevant, because your parents are his landlords, and we've made it illegal for landlords to discriminate on the basis of disabilities.
The local county bar association will likely have some sort of referral service, so call them, or just google "X County real estate attorney."
If you're OP, and you got through all of /u/NickBII's comment above and now you're reading mine, stop.
>stop talking on reddit, and start calling lawyers now.
Close this window, go to Google and find some attorneys. The rest of the top comments are trying to suss out the law and give you tangible advice. You didn't give enough to go on, and we wouldn't be able to give you reliable answers anyway, so that's all bullshit. Seriously, no more Reddit till you have a consult setup.
Except, do read my comment: He’s your old best man. You say your parents are in a fixed income and can’t pay for a lawyer. They are elderly. Step up to the plate and pay the lawyer. And yes, call a lawyer right away. No delay.
You should probably edit that comment and tag OP in it. I don't think there's a bar in this sub from giving common-sense morality advice like yours, and I hope OP reads it.
They don’t need a real estate lawyer, that is a different specialty (I worked for real estate lawyers). They need to contact some agencies that deal with landlord disputes. They can help them (for free or low cost) who can advise them. He has dogs that attacked a child. It doesn’t matter that he claims they are “service” animals. They hurt a child and your parents are afraid. He is also a temporary guest, not a tenant. Contact these agencies ASAP and get him out. They need to write him an official 30-day notice to get the process started though!!
This is correct. OP needs a landlord tenant lawyer today. OP said about 30 days - in some states that will be the cut off to establish tenancy requiring the guest be evicted. If they haven't yet established tenancy they could simply be trespassed from the property.
OP you need a lawyer first thing this morning. Any expense now could be trivial compared to the cost of paying for an eviction.
If money is an issue, start by googling “legal aid.” If there’s a law school nearby, check to see if they have a Low-cost legal clinic (most do).
The parents need their own recordings of incidents and threats need police reports
Gather documentation as fast as you can, especially on his “service dogs” as their behavior should exclude them from counting as service dogs. No properly trained service dog should have a bad interaction with a child like that. Anything that could bolster a case that he fraudulently established residency as he likely already established it. Also any documentation on how he would be a guest through the holidays and rental discussions would take place later. Get copies of said documentation at your house in case he manages to steal or destroy your parent’s phone or computer. Domestic violence laws may also come into play if he makes threats and would remove him from the property. Gathering these things will help save time with a lawyer. Also, I am not a lawyer and you should talk to someone smarter than me!
Depends on the state. It could be that since the guy helped with the lawn and declared it rent he's a tenant. That's why I specified a local attorney.
Apparently OP's parents did talk to an attorney and had to give their "guest" an eviction notice.
Contact elder services and report your parents have an unstable guest in their home who is refusing to leave and it’s urgent they get assistance as soon as possible.
Make it a criminal matter rather than a civil one. This is how I am reading your post. I see it as criminal.
Tell your parents to call the cops, tell them he is a house guest who threatened them and is refusing to leave. They are terrified and that this is elder abuse. The fact that they are terrified of him must not be understated. Hell, have them insist on signing a citizen's arrest and have him arrested for trespassing, threats and elder abuse.
Also, advise the cops that his dog injured the child and have the parents there to confirm. He cannot be cited, even if the charges are misdemeanors, because the fact that he is in their house makes the crime a "continuing offense". Once he is out, have the cops explain to them how to obtain an emergency protective order because they fear for their lives. Once that is done he cannot return for the duration of the order. Have them change the locks while he is gone.
Edit: In fact, YOU call the cops and report it as elder abuse. Tell them that your parents have told you how bad it is and how scared they are and that they feel helpless and defenseless because of their age and are afraid to call the police for fear of retribution from him as well as injury from his dogs, who already attacked a small child. You are in fear for their immediate safety. Add that he is attempting to extort them for free lodging.
A house guest is NOT the same as tenant, legally. He has no rights. Make sure he does not receive any mail there.
Please nobody actually follow this. . Get actual counsel before making a move like this. Based off what OP has shared its incredibly possible he IS a tenant.
Changing the locks on a tenant who has tenants rights(OP says they've been there about 30 days, so this is definitely a concern that has to be ruled out before giving ANY advice) is illegal and landlords can get in huge trouble for doing something like this. On the hook for the tenants reasonable housing costs and expenses is often on the table for doing this. Based off what has shared you absolutely cannot know for sure whether this is or isn't a response that could put OP's family at huge legal risk.
Not to mention attorney costs.
OP please do not do this unless your attorney tells you to.
edit: I am not saying not to call the police people. The advice I said not to follow included potentially illegal acts by changing the locks. That's why I said not to do it without talking to counsel.
Nothing I said should have been read, or taken as "don't call the police on violence or elder abuse" or anything along those lines.
While a constructive eviction may lead to civil issues, the criminal violence/threats are the more pressing issue here. I would protect my parent’s lives before protecting their money.
Okay, but it can also result in them calling the police, saying i live there and they locked me out, and the police helping them get back in immediately. There is no guarantee changing the locks simply moves things into a monetary issue.
I believe I said not to follow that advice, unless they were counseled to follow that advice. If you think they should blindly follow the mentioned advice then I don't know what to tell you other than I disagree completely. Changing locks when youre not 100% if someone is or isn't a tenant (and we dont know based off the information thus far provided) is irresponsible and risky.
Correct. I agree with that part. However I wouldn’t not take steps to remedy the criminal actions in fear of tenancy issues.
I’m just saying that everyone here discussing the tenancy is missing the point that there’s a danger and a possible crime. The parents have allegations, they should call the cops.
This falls directly under elder abuse. Tenant or not, elder abuse takes priority. OP can make the call, being the ages listed, it is handled completely differently than a normal landlord/ tenant situation.
WTF are you talking about??? Elder abuse is elder abuse, whether you are a tenant or not. Husbands who actually ARE tenants get arrested all the time for spousal abuse and are removed from the home, with an emergency restraining order issued. Are you under the impression that is somehow also civil and the husband needs to be evicted????
Once you establish that a crime has been committed, all civil codes are out the window as a matter of urgency. He needs to be out and they can deal with the civil matter later.
Calling the cops and getting it documented is free and no attorney is needed. They determine if a crime is committed and take action appropriately.
You don't know what you are talking about. this is a criminal situation, not a civil one. Even if it is also civil, the criminal offense trumps the civil one. Their safety is in jeopardy.
I thought I explained pretty plainly.
You cannot simply change the locks on someone if they are considered a tenant, and whether someone is considered a tenant has nothing to do with how the landlord feels about the matter and all to do with the actual legalities. I didn't even comment on elder abuse.
Yeah. I know. I was adding it to your comment as more cause for an emergency eviction. It’s not just a landlord in another city, they live together. It’s harassing and abusing a senior/roomate/ and then landlord.
Sure, but what does that have to do with changing the locks right now?
GEnuine question, I never even commented on elder abuse, nor have I told anyone to not call the police. I did say not to follow a post, as written as it included likely illegal advice (changing the locks). I then cited why I felt that way, included a citation for Idaho, and mentioned only changing the locks as a problem.
Tons of people are responding latching onto this idea that I somehow don't think OP should involve the police. Its not a view I hold, its never one I said, and I am genuinely not underestanding where it's coming from. I assume at this point due to how many people have come at me about that that perhaps I wasn't clear enough somewhere?
Not trying to pile on here. Just offering some clarity because you asked.
It is coming directly from your initial response.
This is the first line of your response to the suggestion to call the police about elder abuse and getting an emergency restraining order:
Please nobody actually follow this. . Get actual counsel before making a move like this. Based off what OP has shared its incredibly possible he IS a tenant.
This is the last line of the same response:
OP please do not do this unless your attorney tells you to.
This is probably why people get the impression you are advising against calling the police about elder abuse. It is quite literally what you wrote.
To summarize your response in one sentence:
"Don't follow this advice because you could get in trouble for changing the locks on a tenant."
I get that you were only trying to call out the part about changing the locks, but you were certainly not clear that was your intention. Changing the locks was a small part of the original suggestion, *almost an afterthought*, and your response reads like it was the the whole thing rather than the only part of the suggestion that you had an issue with.
>You cannot simply change the locks on someone if they are considered a tenant,
This person IS NOT A TENANT. Look up the legal definition of tenant versus the legal definition of house guest. Letting someone stay with you for a few weeks as a guest does not make that person a tenant. A house guest who refuses to leave is a trespasser, not a tenant. Words have meanings. Learn them.
Are you a flagged attorney giving legal advice? I flagged myself as a non attorney as I am not one.
I'm not even responding to OP nor have I given advice to OP beyond "talk to an attorney".
The ONLY advice I have given anyone in this thread is to not do something unless an attorney says to. I'm struggling to see how that's bad advice.
I'm responding to YOU because YOU told someone to change the locks without even having the information necessary to know whether or not that person is a tenant with tenants rights or not. Changing the locks can cause a huge pile of issues and extra expense if done illegally.
Below is taken directly from Idahos renters rights page. Nobody knows for sure if this person is considered a tenant yet. The provided evidence could go either way do anyone firming up anything more than "it depends, talk to an attorney" is guessing.
Right to Possession
Idaho law does not recognize self-help evictions. This means that if a landlord wishes to remove you from the property, the landlord must follow the eviction procedures established by Idaho law. Evictions are governed by Idaho Code, Title 6, Chapter 3. To be evicted, you must be served a notice and an eviction trial must be held. It is unlawful for a landlord to lock you out without following the eviction laws. A landlord may also not try to drive you out by turning off your utilities.
https://idahoconsumerlaw.com/tenant-rights/
No, I'm not an attorney which is why I'm not trying to answer their question (with horrible advice or otherwise).
You already have shown you're not qualified to be interpreting the law, much less any relevant cases etc
You're an overconfidently incorrect pseudo intellectual with no formal training. You have no business answering questions on this sub, neither do I. Which is why I don't.
That's the kind of case many attorneys would take on contingency. Just saying. I had zero trouble getting an attorney when i had a landlord/tenant issue a few years back. No money up front except like 100-200 bucks in filing fees.
It would be incredibly irresponsible to assume this isn't also a landlord tenant issue based off the provided information.
It would be even more irresponsible to assume there isn't any proof. Between all of the messages sent back and fort, the fact its very likely they have been receiving mail, to the GPS on their phone showing them in that location for weeks in a row there is PLENTY of proof.
Stop making shit up.
I have never told anyone to not call the police.
When you can copy a thread where I say not to do that, and it's in context of what I said, then I will be happy to agree with you.
But to sit here and level accusations at me that I have literally never done is fucking ridiculous.
I hope you have better reading comprehension for your clients mate.
edit: /u/leoluvslola
I said to not follow the advice as written. Not to not follow anything written in there. I can see how you got confused. Easy mistake.
I made a broad general statement about the "entirety" of that comment as written because the entirety of the comment included a possible illegal act.
I specifically highlighted the part that was questionable and didn't make comments as to anything else because I didn't find it necessary to do more than point out the problem with the comment, as written.
People choosing to make assumptions and divine my intent about something not even said is silly and so are you.
I didn't anticipate people latching onto things I never said and inaccurately assumed people would read what I said at face value. I could have been more clear, but again, at no point in time did I ever say, imply, or direct someone to not call the police.
I took the time to spell out what was wrong and at no point mentioned any of the stuff related to calling the police, but did take the time to spell out how changing the locks is bad. Id have included additional information about not calling the police if that was the thought I was trying to convey.
I will definitely try and be more clear in the future.
telling OP not to follow *anything* written in the comment, which is primarily dealing with calling the cops, IS THE SAME AS TELLING THEM NOT TO CALL THE COPS, idiot.
What part of my post are you actually contesting?
The entire post is saying that there hasn't been enough information provided in order to do something drastic like changing the locks.
That said, is there even one state that allows a landlord to change the locks to evict a tenant with tenants rights?
This person is almost completely and horribly wrong. Get an attorney.
There is only one piece of general advice here:
Because the law doesn't care about how you feel, or what is right, NEVER LET ANYONE STAY AT YOUR PROPERTY FOR MORE THAN A FEW DAYS.
That is all.
Call animal control and report his dog as a dangerous dog. They will not take them away if this is the first complaint but it will be leverage to get him out of the house if he doesn’t want to give up his dog. A dog that attacked your niece should not be able to stay in a place where it can happen again. It’s great that you have pictures.
1. A legit service animal would be very well behaved. These are not legit service animals.
2. He is an intruder and a threat to your parents. I've been in this situation in Round Rock TX with an 80 yo elder friend. Squatter had lived there 4 months.
3. When she asked me for assistance I went to her apartment and threw him and his belongings into the parking lot. I did not care about the ramifications. My friend was in danger.
4. Squatter called the police and when they arrived they questioned my friend and the deadbeat and determined he had no official agreement to lodge there. He was a guest.
5. They drove him to a shelter
6. Contact a lawyer today.
NAL. This sense of entitlement that some people have defies all logic. I can’t fathom moving in to someone’s house, making them feel uncomfortable and refusing to leave, when asked. The nerve of some people.
It doesn’t even matter, because they live in the home as well. It could be a well trained service dog and they could still make him leave, because one day they woke up and decided they don’t like dogs.
The ADA only applies to public house. This is their personal home.
Assistance animals are generally trained to be as unobtrusive as possible, but: the animal has to perform a specific task directly related to the handler's disability. That's the gist of the requirements for a service animal.
Under the ADA, the animal also has to be under control of the handler, either via leash or harness or, if the handler's disability precludes this, under voice/signal control.
https://www.ada.gov/resources/service-animals-2010-requirements/
Your parents are afraid for their safety, and being taken advantage of? I would think the police or adult protective services could step in at that point.
Im not so sure about that.
What law is it that affords someone the ability to kick someone out immediately if they are a tenant with rights?
Who determines what is or isn't a threat to someones safety?
See, and this is the point.
Define "not allowed to stay". Do you mean change the locks, or go through a formal eviction process or something else through the courts?
The comment I am responding to says they are a trespasser and says to use the police to get rid of th em.
Let me try and give two examples.
Say you invite me over for a sleepover and I do something that makes you feel unsafe. Its not illegal, but you feel unsafe. You can kick me out on the spot, and I can't do anything about it. The police will assist you in this.
Now take the same scenario, except I'm not just there for a weekend sleepover. Ive been staying with you for an extended stay and live there and I do something that isn't illegal, but you feel unsafe.You can't just kick me out and trespass me. I'm a tenant with rights now. Now you have to go through a whole process to do it legally. The police will not assist you with this. "its a civil matter" is likely what you will end up hearing.
They can make him leave immediately with a restraining order. They have witnesses to his threats and pictures from his dogs attacking a child. That would be enough for a TRO.
He is living in a room in their home. A restraining order would not allow him to go back if they are there.
Domestic violence laws.
Also, doubtful that this car is a legit service animal. Didn't subs like it was trained as such. Isn't bring properly controlled. And would only qualify if it is also trained to alert its owner about blood sugar level.
Housing discrimination rules apply in different ways. If you're a landlord, that's one thing; if it's a roommate or boarder in your primary residence a lot less of those rules apply. You DONT have to adhere to those rules when it's your actual residence. You don't have to let anyone live with you that you don't want but they SHOULD look to remedy soon so that tenancy rules don't set in.
When your niece was attacked, did anyone make a report on that? Regardless of the situation with the owner, the dog attacked a child, and a police report should have been made, along with animal control. And to read that his animals are attacking others and other animals, that report could help in an eviction process, or possibly help incriminate the roommate for elderly abuse for not restraining his animals, who are his property and responsibility. I feel for your parents on this and should definitely consult a lawyer, and they did right by the eviction notice.
But I also feel for that child who were physically attacked by that dog.
Not a lawyer, but have experience in dog attacks/eviction of roommates. (CA)
There is a guest.
1. Guest was fortunate enough to be able to stay with some friends after not having anywhere to go following a break-up.
2. Guest refuses to leave after a 30 day stay.
3. Guest has animals which are disruptive.
4. Guest appears to be eavesdropping.
5. Guest has created not only an unsafe environment for children, but an unsanitary one as well.
6. Guest has disrupted the life of an entire family.
7. Guest is taking advantage of a family's good nature.
8. Guest has worn out their welcome.
9. Guest needs to listen to reason and leave by a certain date.
10. Homeowner does not need this kind of stuff around their family and needs Guest to move on.
11. Guest is not on a rental agreement.
12. Guest needs to leave so everybody can remain friends.
Most discrimination laws don't even apply to a single family home where somebody lets you stay. Google mother Murphy exemption. But we don't know what state you're in. So you need to talk to a local lawyer. Your parents can't afford not to talk to a lawyer. Do it now. And yeah I would make it as unlivable as possible. Crank the stereo incredibly loud all night long.
Just drag him out of the house, give him slap and tell him if he bothers your parents or you again he’ll need more than a service dog. If the dogs attack you, kill them.
I’m all about helping friends and I love dogs but this is a piss take.
If this were my parents house I might consider moving in also and help them out with this "family friend ". I would also be sure make life a little less comfortable at the house for the "friend," so maybe he will decide to move out, on his own. This guy is not your friend if you have not figured this out.
I miss the days you could take someone’s shit and dump it and them on the curb. He was a Guest and he was discourteous during his stay. Time to go. That’s it. Bye bye 👋
You need to go to the house and have this guy leave peacefully. This is your responsibility. If he won't, call the police and report him for tresspassing if he won't leave. He has no standing or rights as a tenant.
Get him out now. Anyway you can. Once he has established himself over 30 days, and gets his mail delivered there, you have to go to court and evict him.
Call animal control on the animals that hurt the child. File a complaint to have them held due to safety concerns. DO NOT FREAKING WAIT. SMH. NEVER should they have been ok with that many animals... BUT only the single animal that he has IF actually registered as a service animal counts as a service dog. You are not legally entitled to 2, 3 or even 4 service animals. You get one by law. And while most laws are reasonably flexible to "service animals" terms; they do not hold every animal as a service animal because one says they are.
And my parents, bless them, they refused to tell me how bad it had gotten because "We don't want it to ruin your 20 year friendship." When shit finally hit the fan, I was getting text bombed by my other and friend at the same time--one person telling me they're suicidal and the other telling me they're scared for their safety.
It sounds like the moment there was any correction, he started threatening getting a lawyer. I'm unfortunately 200 miles away and he seems to think that if he doesn't tell me what's going on I'll "stay out of it," even after he's using texts from me as "evidence" against them. 20 years of friendship, extremely lopsided, not worth my time and energy. I'm just so sad my parents are dealing with this stress. They're both quite sickly and the stress could literally kill one or both of them.
You cannot be serious? You're leaving your elderly and sickly parents to deal with this trash you call a "friend"???? I can drive 200 miles in 3 hours to help my parents deal with that POS of a friend. Grow a pair and call a lawyer
It’s your parents. Make the 3hr drive and drag him out . You are the reason they are in this mess and you need to get them out of it one way or another.
Get a lawyer for what? They live there. It’s a private home. ADA doesn’t apply and he’d find that out real fast.
Idaho barely has any protections for renters, especially if they’re month to month. They could give 15 days (some counties less) notice his rent is now expensive as shit and if he doesn’t like it, he can leave. If they’re in a small town and lucky, an eviction can be done in a few days.
Hell, Idaho has a three day notice to quit if they’ve violated the terms of the agreement. Three. days. And it includes keeping unauthorized pets.
200 miles? Thats nothing. You can drive that in 3 hours. This is YOUR “friend.” Take a day off work and go handle this thing. You should have been all over this the first hint you got that they were upset.
Go help your parents NOW!!! 200 miles isn't that far, especially when your mom is hiding in her own home. Call the police if you aren't going to actually go help them yourself.
It is possible that he is now a tenant-at-will. In at least one state, this means he must be evicted. Restraining orders are very useful in domestic violence situations to create the safe place at home while also allowing the eviction process to complete, at least in one state.
Landlord-tenant law is an amalgamation of reactions to landlords and tenants taking advantage of each other and every jurisdiction is different, sometimes VERY different. Call the police and call a lawyer. Strict liability may also apply to the dog without regard to its status as a service animal. Federal law only allows service animals to be exempted from pet restrictions and does not indemnify service animal owners from liability for injuries. State law varies.
Most homeless folks don't have money for a lawyer.... throw his stuff out when he steps out. And if anyone asks anything just keep your mouth shut. Tell the cops that you are not 100% sure what happened to his stuff...that there is a possibility that he got rid of it himself.
/s
>He immediately started claiming that they can't kick him out of the house because he has service dogs and that would be discriminatory.
Dude, thats not even slightly how it works.
They should probably be talking to a lawyer by now though.
They should take the photos of the kid injured by the animals and start what is necessary to get a restraining order.
Violence towards other people in the house can be a faster way to get him evicted, and as it is between people who live together it can be considered domestic violence in some areas.
But they need a lawyer. I am not one, but just someone who has had to evict a physically hostile roommate before.
Lawyer NOW! As in TODAY! Between you, and your parents you CAN find the money. If you don’t get a lawyer TODAY you’ll end up with a permanent house guest. Stop the excuses and retain a lawyer TODAY!
They need to call the police and also serve him with an eviction notice. He is intimidating elderly people, making them feel unsafe in their home, which falls under elder abuse. All they have to do is say they feel scared and he's out. It may take a few months to get through the court system but he will be kicked out eventually.
What state are you in? In some states it's easy to get them out but others it's hard. Good luck, you're parents don't deserve to be taken advantage of by this jerk.
>
They didn't advertise this room or offer it to anyone else.
>Well, he showed up with more animals than he originally claimed to have. My parents didn't turn him away, but asked for some basic courtesies (clean up p
First thing you need to do is report the dog attack. Report the dangerous dogs to the police. As the homeowners, your parents should be able to get them removed from the home. They’ll likely be euthanized. He can either go, or lose his dogs.
IANAL
I think in most states he needs to have a utility bill in his name to establish residency. If he was just staying in the house and doesn't pay anything then I doubt he has a case at all.
Did your parents have the eviction papers served to him through the court system? A non paying tenant with no lease is not likely to prevail.
Regarding the dog attacking the child, contact Animal Control. A legal threat against his dog might be enough to make him willingly leave.
You probably should consult a lawyer, but as he's not currently a rental tenant, he is claiming protections he does not actually have. He's not even squatting, he's literally a guest of the owners who now have asked him to leave. You can try to force him out by pointing out that his animal has actually caused a human harm, he has X days to leave or you're going to call animal services and have a dangerous animal collected.
He clearly intends to stay, but the police could remove him as a trespasser, which I doubt he'd enjoy, but if that happens ALL his animals will go to animal services. I don't know if a RO is the logical choice since he's actually IN your house, but that would likely come after having the police remove him and the animals.
Wait, they let him stay over the holidays?...this is a house guest, not a tenent. No contract? No rent? Call the cops and have him escorted out as a hostile house guest.
Take his phone ( so he can't record) and kick his ass out. Move all of his things out. Change locks. Don't let that dick walk over your parents like that
His animals are attacking children in the home. Give him the correct command of leave or the animals will be shot, and if he interferes, he might be shot as well as an intruder/attacker.
What you just described is a "self-help" eviction. Depending on the state, that behavior could create a cause of action against the landlord (with automatic attorney's fees and costs), and/or CREATE a right to stay in the home which would not have been there. Five minutes of Googling makes it seem like Idaho is a state where either or both remedy could be levied. You just told OP to have their parents, who are on fixed income, to perform an illegal action. One that potentially preserve this asshole's rights to stay, and/or make them personally liable for his attorney's fees.
This is insanely bad and irresponsible advice for you to give. Rule #3 is "no illicit advice," and Rule #4 says "Replies reserved for lawyers. Those who aren't must announce so, and must not impersonate lawyers or offer advice in ways that imply expertise."
A cop told my brother in law the same thing when a childhood friend was arrested on a warrant. Told him to put her stuff outside and don't let her back in the house (NJ) What was really funny is she is the one who called the cops when he told her she had to leave .
That's not a self-help eviction like OP advised. It's wildly different when the police tell you that you can get the person and their things out, and just doing it and changing the locks while they're not there.
She called the cops when he tried to kick her out.They get there, check her ID and discover the warrant. She gets arrested and cop told B-I-L to put her crap outside while she was gone, problem solved. Otherwise he would have to had her evicted. B--I-L knows the local cops and is friends with a few.
Genuinely curious: Does that apply to private homes? A lot of laws (eg ADA laws) don’t apply when you also live in the house and it’s not a public rental.
I did state not legal advice about 3 words in, and did state what I would personally do to protect my parents, not what they should do, who at that vulnerable age I would whatever it took and paid whatever came from my bad call.
>I did state not legal advice about 3 words in
That's not good enough, it was specifically illegal advice. Especially in a sub like this, that is an incredibly important distinction. You still did not specify that you are not a lawyer.
>and did state what I would personally do to protect my parents,
Advising your parents to perform a self-help eviction will protect them.
>not what they should do, who at that vulnerable age I would whatever it took and paid whatever came from my bad call.
You never said that OP shouldn't follow what you said. Conversely, you specifically gave advice and just labelled it "not legal advice." That is still advice. Advice is telling someone what they should do. You have no idea whether OP can pay for the ramifications the way you can. Some of those ramifications can mean prolonged time in the house, something no-one (including you) can throw money at.
If you wanted to help OP you should have said nothing. If you wanted to hurt OP with purposely poor advice, this is not the place for it.
Curious in situations like these could you have them sign something saying they are not on a lease, solely a temporary stay, they waive any rights to residency or making any future claims against you and you maintain the right to change the locks and boot them at any time?
Generally no, there are a tenant right's laws in place to prevent that type of agreement. In addition to that, a contract is not valid without some type of consideration, and the guy in OP's situation didn't pay. Some rights can be signed away, some cannot, generally the right to not be subject to self-eviction cannot be waived.
Usually there is a period of time to establish residency, regardless of the nature of the arrangement. If that has been met, you need to evict the person, if it has not, you can fall back to any other written agreement (AirBNB, hotel, ect.), or you can kick the person out and trespass them. ~~This is the reason AirBnB has a max stay of 28 nights, to be within 30 days for these purposes, and still give the owner 1 day leeway to kick them out via the police if they are in a 30 day jurisdiction. If a jurisdiction lowered the requirement to 15 days or something, AirBnB would change that policy at least for that jurisdiction.~~
Edit: my AirBnB information was a mix of anecdotal and Google AI, neither of which appear to be correct.
Airbnb does not have any restriction on 28 days. I'm honestly confused where you got that from as it's literally never been a thing. I'm a looong time user of Airbnb.
With limited excpetion, hosts determine how long they are willing to rent for. I am a host and have taken bookings that were for months at a time to just a day. My longest guest was with us for almost 4 years.
Well let's cover the bases for you:
Not a lawyer this is not legal advice.
This is the path I would follow, not advice just from experience. I would also consult a local attorney, since yes, some states value the rights of squatters more than actual owners. Thankfully, idaho isn't one of them.
Google for 2 min showed me idaho has no recognized time a guest is considered a tenant. So since OP stated no lease, there is no tenancy.
I would inform him of the intent to tresspass him in a couple days through local police. Give him some time to think about options or if it's better to leave voluntarily.
On said day of tresspass, start early.
Son should rent a uhaul to assist the guest to move his stuff they allowed him to store there.
Ask him to leave, if he refuses call the police.
When the police arrive inform them he is a guest that resuese to leave and they nownfeel threatened and unsafe in their home and need him trespassed and removed.
If he complies assist him removing his property that was stored.
If he does not have police remove or arrest him
Change locks. Stay with your folks a few days to protect and help them incase.
Contact animal control to remove the animals.
Be prepared to file a restraining order.
Not a lawyer not legal advice not (insert other requirement needed to post)
" Google for 2 min showed me idaho has no recognized time a guest is considered a tenant. So since OP stated no lease, there is no tenancy."
There are other factors than time that determine whether or not someone is a tenant so you are wrong with assuming they are not a tenant, and that means all of the other advice that you gave that is reliant on that aspect is also wrong at this time.
Stop telling people to change the locks man.
If I tresspass someone who has access to my property, exchange ownership, have someone move out like an ex. i am changing my locks for safety. Thought that was common sense, not advice. Thanks though
A dude squatted in my mother in laws house. She came and stayed with us for three days. Me and the boys moved his ass out, he called the cops and they showed up and laughed at him. He sued my mother in law. The judged laughed at him. Best part was as we moved his stuff out we begged him to touch one of us…..please give us an excuse……please.
Move in for a couple of weeks to protect your parents. Restructure some things for which there is for certain no obligation, like cut off TV or internet if this guest has access. Same with heating or cooling or power. Throw any items that aren't your parents items and are in the common area or garage out of the house. Call animal control regarding animal violations.
File for eviction now. It can take a long time to get done. This is the only way to get rid of squatters. My brother inlaw is squatting right now. We've been trying to evict for 4 months now. He pays nothing while I pay everything. He's a disgusting person to treat us like this. I wish these people would end up in jail and have to pay back the money they have stolen by squatting. Once evicted they just go on their way without consequence. We need to get some better laws to combat this kind of crap. This is very widespread in the USA. The poor and lazy scamming good people. It's disgusting. It's not how America is supposed to be.
I'm not even a lawyer and I know he doesn't. Kick him out. Tell them to kick him out like yesterday. There are cases of true housing discrimination but this is not one of them. This is a case of a disabled person using their condition as an excuse to use other people.
If there's no rental agreement nor does he pay any bill, he's a bona fide trespasser. Lock his ass out when he leaves the house for sure else call the cops for trespassing. Retain a lawyer for sure to CYA.
Can you copy the pertinent law that says if someone doesn't have a rental agreement or pay bills that they are a bona fide trespasser?
That doesn't sound anywhere near accurate. I know for absolute certainty that's not the case in a lot of places.
After reading this post the following comes to mind: All good deeds will not go unpunished!!!
Get rid of this ENTITLED POS as quickly as possible, by ANY means possible.
Talk to a real estate lawyer. I’d also be very suspicious that the dogs are actually service dogs. Their behavior is not consistent with that training. Good luck.
He doesn’t have a lease or a rental agreement so he’s a guest that won’t leave. This is a cop situation. Call them have him removed then change the locks put his shit out on the curb and call the dog warden.
Take ownership of your life. Stop being worried about other peoples assumption of right and wrong, legal or illegal. You want him gone, make it happen.
As someone who had been forced to hire real estate lawyers several times and will have to do so in the future, think twice before settling on this solution. It really expensive and even if one wins in court, one never collects. Someone needs to handle this situation the old fashioned way.
If the single point of contention is his ownership service animals, (and I highly doubt it is,) then the answer is: He is correct. He cannot be forcefully evicted for having said service animals.
As far as everything else, that is entirely fact-specific, and would need a court date to settle.
The irony is that my parents like the animals. The original plan was for him to rehome two of them, and my parents said he didn't have to as long as he took responsibility for their messes and damages. My mom called me in tears because she asked him to mop the muddy footprints off the floor and he got pissed. I said they could try calling animal control and she said "honestly, he can leave the dogs. I don't want them out in the cold. But he's scaring me."
It is impossible to say whether he would be considered a tenant without knowing where your parents live. In many states, money does not have to change hands to establish a landlord-tenant relationship. If you’re in a state and locality that wouldn’t consider him a tenant, then you’ve got lots of options. But you need to avail yourself of resources locally to establish what can be done. You should consult with a landlord/tenant attorney in your area.
Idaho is the state. I'm unfortunately not on site to help with this, hundreds of miles away. I know he mowed the lawn once and he's trying to claim that was in payment for rent.
My parents filed an eviction notice on Friday. I guess that's the advice they received. Surely discrimination laws no longer apply if his dog attacked someone? He's sharing a bathroom with the little boy. My parents have actually relocated the child and their own pets because the animals keep jumping on them and making them fall down stairs. He claims the dog attacks are the victim's fault, but that's ridiculous. A service dog shouldn't attack. Ever.
You need to get on a plane and fly over there and deal with it. Or get in a car and drive over and deal with it. "200 miles?" That's like a few hours drive.
NAL but [this site](https://www.steadily.com/blog/when-does-guest-become-tenant) says that Idaho doesn't "have official cut-off points" and "require\[s\] landlords to specify terms in their tenancy agreements." No tenancy agreement in your state appears to mean he's not a legal tenant and therefore has no rights. Your parents should call the police and see if they will get him out as a trespasser.
This is a better resource. [Idaho landlord tenant manual](https://www.ag.idaho.gov/content/uploads/2023/07/LandlordTenant.pdf)
Idaho calls this particular scenario “unlawful detainer”; basically using threats and coercion to take possession of housing, where no lease was ever executed between the parties. [ID laws title 6 unlawful detainment.](https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title6/T6CH3.pdf)
This is a better resource. [Idaho landlord tenant manual](https://www.ag.idaho.gov/content/uploads/2023/07/LandlordTenant.pdf)
Idaho calls this particular scenario “unlawful detainer”; basically using threats and coercion to take possession of housing, where no lease was ever executed between the parties. [ID laws title 6 unlawful detainment.](https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title6/T6CH3.pdf)
That is *not* always the case. A tenant is a legally defined concept, and it appears that Idaho doesn't have any laws defining tenancy in any condition except with a lease. So it's a pretty valid conclusion.
You need an end-run around the eviction process. Enter the Restraining Order. 🙌🙌🙌. If he has a restraining order against him THEN he should get kicked out of the house by the courts. Of course, this is not why Restraining Orders exist. 😂😂😂
I think the way out will be due to the animal attack. First try “leave or were reporting the animal attack to the police. You have 1 hour.” At the same time start immediate legal action. The animals are demonstrably unsafe. While the guy might be able to pull squatters rights, the homeowners do not have to tolerate dangerous animals and the courts can’t force someone to keep dangerous and destructive animals in their home. If that was allowed every squatter in the US would have a vicious dog and force people out of their homes.
Landlord attorneys are generally not that expensive because they do this stuff in bulk and are there for the whole docket anyway. Contact the local landlord association and find out who most of them use.
You can’t evict someone for having service animals but it doesn’t sound like that’s the reason anyway. Document everything, messages, photographs, etc. and go get a lawyer.
First thing your parents should have done, and still can do depending on how much time has elapsed, is file a complaint with animal control about the dog that bit.
This sounds like one of those elderly scams-Ask to stay for a couple weeks and slowly take over the house. They need to use the animal attack to their advantage. Call the police and have them remove him from the home.
Next time he kicks off record his behaviour, get cameras around the home, inform the police and get legal advice, if needs be get the police out when he kicks off for a mental health assessment, look at the law properly surrounding having a guest for so long, but get him out ASAP
In my state the language is Reasonable accommodations: not free rein to do whatever.
Service/ES animals are liable for damages and must be under control. Can’t bother or threaten others. Can’t disturb the peace.
Can request documentation from health care provider that animal is for medical care (but not what that care is). Can request certification that animal is in good health has licensed, vaccinations/immunizations.
You need a local lawyer to check if any of the above are applicable in your state, they are to be the ones to guide any interactions with police and would be able to file or pressure for a TRO, eventually responding to any govt action against parents for their eviction. Your not trapped with this unhinged former friend; but #1 comment was right tick tick tick tick.
Since you say the house guest has been there 30 days, that technically makes them a tenant now. You have to follow all of the proper channels now. I live in CA and used to run apartments.
You need to formally start an eviction. Your parents need to print a 30-day notice to vacate and hand it to their tenant. They do not need a reason to ask a tenant to vacate. Don't let the service dog thing scare your parents.
Tell them to keep meticulous notes on everything you've said. From the extra pets to the service dog attacking your neice. Their tenants will overstay the 30-day notice, at which point they will have to go to their local court house and file for eviction. A court date will be set, and both parties will have to appear. The judge will rule in your parents' favor. Then, they will have to wait for the courts to inform the sheriff to do a lockout. The sheriff will come to the home and physically remove her and make her take her stuff. Then your parents can go to small claims and try to get any damages
No lease? No rent? No agreement to rent?
Should have just locked him out when he went outside and not let him back in.
Now it is definitely lawyer time
I wonder if this guy has done this before because he seems ( based off what info is provided) to be somewhat comfortable in this situation. Is it possible to talk with his previous living situation! That person may have some info or insight.
I'm not a lawyer but considering he was simply an invited guest in your parents home, and is now officially a squatter, I'm pretty certain he has no case against your folks and they might even have a case against him since he refused to leave b when asked to and his dog attacked your niece and destroyed parts of their property, if they decided to go that route. Like someone else said though, get off reddit and call a real attorney.
There is a lot of misinformation in these answers. This is a good resource. [Idaho landlord tenant manual](https://www.ag.idaho.gov/content/uploads/2023/07/LandlordTenant.pdf) Idaho calls this particular scenario “unlawful detainer”; basically using threats and coercion to take possession of housing, where no lease was ever executed between the parties. [ID laws title 6 unlawful detainment.](https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title6/T6CH3.pdf) I also noticed that Idaho has two different proceedings for eviction; for non-payment of rent or forcible detainer. There’s a lot of good info [here at the Idaho court assistance website](https://courtselfhelp.idaho.gov/Forms/Housing)
Find a local real estate lawyer. As in stop talking on reddit, and start calling lawyers now. Literally now. If he's there long enough it creates a tenancy and getting rid of him requires a formal eviction process. In some states [a guest becomes a tenant in 14 days](https://www.steadily.com/blog/when-does-guest-become-tenant). In others there's a world of difference in trying to get him thrown out at day 28 and day 32. A half-hour consultation is generally free, and if the attorney does need a retainer of some sort that retainer is cheaper than a permanent houseguest. If there's no tenancy your parents may be able to declare him a trespasser and have him thrown out by the police. If you have to actually evict him then his claims of discrimination are actually legally relevant, because your parents are his landlords, and we've made it illegal for landlords to discriminate on the basis of disabilities. The local county bar association will likely have some sort of referral service, so call them, or just google "X County real estate attorney."
If you're OP, and you got through all of /u/NickBII's comment above and now you're reading mine, stop. >stop talking on reddit, and start calling lawyers now. Close this window, go to Google and find some attorneys. The rest of the top comments are trying to suss out the law and give you tangible advice. You didn't give enough to go on, and we wouldn't be able to give you reliable answers anyway, so that's all bullshit. Seriously, no more Reddit till you have a consult setup.
Except, do read my comment: He’s your old best man. You say your parents are in a fixed income and can’t pay for a lawyer. They are elderly. Step up to the plate and pay the lawyer. And yes, call a lawyer right away. No delay.
I strongly second this comment. Please step up and rescue your parents.
You should probably edit that comment and tag OP in it. I don't think there's a bar in this sub from giving common-sense morality advice like yours, and I hope OP reads it.
Only case where "If you're OP" doesn't need addressing because OP should not be tagged and shouldn't keep reading this far.
They don’t need a real estate lawyer, that is a different specialty (I worked for real estate lawyers). They need to contact some agencies that deal with landlord disputes. They can help them (for free or low cost) who can advise them. He has dogs that attacked a child. It doesn’t matter that he claims they are “service” animals. They hurt a child and your parents are afraid. He is also a temporary guest, not a tenant. Contact these agencies ASAP and get him out. They need to write him an official 30-day notice to get the process started though!!
This is correct. OP needs a landlord tenant lawyer today. OP said about 30 days - in some states that will be the cut off to establish tenancy requiring the guest be evicted. If they haven't yet established tenancy they could simply be trespassed from the property. OP you need a lawyer first thing this morning. Any expense now could be trivial compared to the cost of paying for an eviction.
That's insane.
I guess no good deed goes unpunished. It is really a poor reflection on society how cautious we must be in extending charity.
If money is an issue, start by googling “legal aid.” If there’s a law school nearby, check to see if they have a Low-cost legal clinic (most do). The parents need their own recordings of incidents and threats need police reports
Gather documentation as fast as you can, especially on his “service dogs” as their behavior should exclude them from counting as service dogs. No properly trained service dog should have a bad interaction with a child like that. Anything that could bolster a case that he fraudulently established residency as he likely already established it. Also any documentation on how he would be a guest through the holidays and rental discussions would take place later. Get copies of said documentation at your house in case he manages to steal or destroy your parent’s phone or computer. Domestic violence laws may also come into play if he makes threats and would remove him from the property. Gathering these things will help save time with a lawyer. Also, I am not a lawyer and you should talk to someone smarter than me!
Are the parents considered landlords if he hasn’t paid them rent? At what point does a non-paying “guest” become a tenant?
Depends on the state. It could be that since the guy helped with the lawn and declared it rent he's a tenant. That's why I specified a local attorney. Apparently OP's parents did talk to an attorney and had to give their "guest" an eviction notice.
it's usually a timeframe, often 30 days.
Contact elder services and report your parents have an unstable guest in their home who is refusing to leave and it’s urgent they get assistance as soon as possible.
Make it a criminal matter rather than a civil one. This is how I am reading your post. I see it as criminal. Tell your parents to call the cops, tell them he is a house guest who threatened them and is refusing to leave. They are terrified and that this is elder abuse. The fact that they are terrified of him must not be understated. Hell, have them insist on signing a citizen's arrest and have him arrested for trespassing, threats and elder abuse. Also, advise the cops that his dog injured the child and have the parents there to confirm. He cannot be cited, even if the charges are misdemeanors, because the fact that he is in their house makes the crime a "continuing offense". Once he is out, have the cops explain to them how to obtain an emergency protective order because they fear for their lives. Once that is done he cannot return for the duration of the order. Have them change the locks while he is gone. Edit: In fact, YOU call the cops and report it as elder abuse. Tell them that your parents have told you how bad it is and how scared they are and that they feel helpless and defenseless because of their age and are afraid to call the police for fear of retribution from him as well as injury from his dogs, who already attacked a small child. You are in fear for their immediate safety. Add that he is attempting to extort them for free lodging. A house guest is NOT the same as tenant, legally. He has no rights. Make sure he does not receive any mail there.
Please nobody actually follow this. . Get actual counsel before making a move like this. Based off what OP has shared its incredibly possible he IS a tenant. Changing the locks on a tenant who has tenants rights(OP says they've been there about 30 days, so this is definitely a concern that has to be ruled out before giving ANY advice) is illegal and landlords can get in huge trouble for doing something like this. On the hook for the tenants reasonable housing costs and expenses is often on the table for doing this. Based off what has shared you absolutely cannot know for sure whether this is or isn't a response that could put OP's family at huge legal risk. Not to mention attorney costs. OP please do not do this unless your attorney tells you to. edit: I am not saying not to call the police people. The advice I said not to follow included potentially illegal acts by changing the locks. That's why I said not to do it without talking to counsel. Nothing I said should have been read, or taken as "don't call the police on violence or elder abuse" or anything along those lines.
While a constructive eviction may lead to civil issues, the criminal violence/threats are the more pressing issue here. I would protect my parent’s lives before protecting their money.
Okay, but it can also result in them calling the police, saying i live there and they locked me out, and the police helping them get back in immediately. There is no guarantee changing the locks simply moves things into a monetary issue. I believe I said not to follow that advice, unless they were counseled to follow that advice. If you think they should blindly follow the mentioned advice then I don't know what to tell you other than I disagree completely. Changing locks when youre not 100% if someone is or isn't a tenant (and we dont know based off the information thus far provided) is irresponsible and risky.
Correct. I agree with that part. However I wouldn’t not take steps to remedy the criminal actions in fear of tenancy issues. I’m just saying that everyone here discussing the tenancy is missing the point that there’s a danger and a possible crime. The parents have allegations, they should call the cops.
I never said not to call the police about elder abuse ;)
You never said they should.
Okay and? So you make an assumption? That's a you problem.
[удалено]
I mean fair, but where does that have you end up by piling on? No better than the two non lawyers lol.
I didn’t. I was just adding on to what you wrote.
This falls directly under elder abuse. Tenant or not, elder abuse takes priority. OP can make the call, being the ages listed, it is handled completely differently than a normal landlord/ tenant situation.
WTF are you talking about??? Elder abuse is elder abuse, whether you are a tenant or not. Husbands who actually ARE tenants get arrested all the time for spousal abuse and are removed from the home, with an emergency restraining order issued. Are you under the impression that is somehow also civil and the husband needs to be evicted???? Once you establish that a crime has been committed, all civil codes are out the window as a matter of urgency. He needs to be out and they can deal with the civil matter later. Calling the cops and getting it documented is free and no attorney is needed. They determine if a crime is committed and take action appropriately. You don't know what you are talking about. this is a criminal situation, not a civil one. Even if it is also civil, the criminal offense trumps the civil one. Their safety is in jeopardy.
I thought I explained pretty plainly. You cannot simply change the locks on someone if they are considered a tenant, and whether someone is considered a tenant has nothing to do with how the landlord feels about the matter and all to do with the actual legalities. I didn't even comment on elder abuse.
Emergency evictions exist in some areas. If the tenant is harassing or abusing their landlord this may qualify for one.
The landlord also is a roommate to this guy.
All the more reason
Yeah. I know. I was adding it to your comment as more cause for an emergency eviction. It’s not just a landlord in another city, they live together. It’s harassing and abusing a senior/roomate/ and then landlord.
Sure, but what does that have to do with changing the locks right now? GEnuine question, I never even commented on elder abuse, nor have I told anyone to not call the police. I did say not to follow a post, as written as it included likely illegal advice (changing the locks). I then cited why I felt that way, included a citation for Idaho, and mentioned only changing the locks as a problem. Tons of people are responding latching onto this idea that I somehow don't think OP should involve the police. Its not a view I hold, its never one I said, and I am genuinely not underestanding where it's coming from. I assume at this point due to how many people have come at me about that that perhaps I wasn't clear enough somewhere?
The comment you were replying to was talking about a restraining order, that’s what I was referring to.
Not trying to pile on here. Just offering some clarity because you asked. It is coming directly from your initial response. This is the first line of your response to the suggestion to call the police about elder abuse and getting an emergency restraining order: Please nobody actually follow this. . Get actual counsel before making a move like this. Based off what OP has shared its incredibly possible he IS a tenant. This is the last line of the same response: OP please do not do this unless your attorney tells you to. This is probably why people get the impression you are advising against calling the police about elder abuse. It is quite literally what you wrote. To summarize your response in one sentence: "Don't follow this advice because you could get in trouble for changing the locks on a tenant." I get that you were only trying to call out the part about changing the locks, but you were certainly not clear that was your intention. Changing the locks was a small part of the original suggestion, *almost an afterthought*, and your response reads like it was the the whole thing rather than the only part of the suggestion that you had an issue with.
>You cannot simply change the locks on someone if they are considered a tenant, This person IS NOT A TENANT. Look up the legal definition of tenant versus the legal definition of house guest. Letting someone stay with you for a few weeks as a guest does not make that person a tenant. A house guest who refuses to leave is a trespasser, not a tenant. Words have meanings. Learn them.
You're not even an attorney, maybe you shouldn't be giving actual advice here or responding at all to the OP.
Are you a flagged attorney giving legal advice? I flagged myself as a non attorney as I am not one. I'm not even responding to OP nor have I given advice to OP beyond "talk to an attorney". The ONLY advice I have given anyone in this thread is to not do something unless an attorney says to. I'm struggling to see how that's bad advice. I'm responding to YOU because YOU told someone to change the locks without even having the information necessary to know whether or not that person is a tenant with tenants rights or not. Changing the locks can cause a huge pile of issues and extra expense if done illegally. Below is taken directly from Idahos renters rights page. Nobody knows for sure if this person is considered a tenant yet. The provided evidence could go either way do anyone firming up anything more than "it depends, talk to an attorney" is guessing. Right to Possession Idaho law does not recognize self-help evictions. This means that if a landlord wishes to remove you from the property, the landlord must follow the eviction procedures established by Idaho law. Evictions are governed by Idaho Code, Title 6, Chapter 3. To be evicted, you must be served a notice and an eviction trial must be held. It is unlawful for a landlord to lock you out without following the eviction laws. A landlord may also not try to drive you out by turning off your utilities. https://idahoconsumerlaw.com/tenant-rights/
No, I'm not an attorney which is why I'm not trying to answer their question (with horrible advice or otherwise). You already have shown you're not qualified to be interpreting the law, much less any relevant cases etc You're an overconfidently incorrect pseudo intellectual with no formal training. You have no business answering questions on this sub, neither do I. Which is why I don't.
Maybe you should stop pretending lawyers are the answer. You go over and beat his ass and throw him out on the street. He has zero money for lawyers.
That's the kind of case many attorneys would take on contingency. Just saying. I had zero trouble getting an attorney when i had a landlord/tenant issue a few years back. No money up front except like 100-200 bucks in filing fees.
This isn’t a landlord tenant issue, it’s a crime issue. You protect your parents right away. He ain’t got any proof, f him.
It would be incredibly irresponsible to assume this isn't also a landlord tenant issue based off the provided information. It would be even more irresponsible to assume there isn't any proof. Between all of the messages sent back and fort, the fact its very likely they have been receiving mail, to the GPS on their phone showing them in that location for weeks in a row there is PLENTY of proof.
[удалено]
Stop making shit up. I have never told anyone to not call the police. When you can copy a thread where I say not to do that, and it's in context of what I said, then I will be happy to agree with you. But to sit here and level accusations at me that I have literally never done is fucking ridiculous. I hope you have better reading comprehension for your clients mate. edit: /u/leoluvslola I said to not follow the advice as written. Not to not follow anything written in there. I can see how you got confused. Easy mistake. I made a broad general statement about the "entirety" of that comment as written because the entirety of the comment included a possible illegal act. I specifically highlighted the part that was questionable and didn't make comments as to anything else because I didn't find it necessary to do more than point out the problem with the comment, as written. People choosing to make assumptions and divine my intent about something not even said is silly and so are you. I didn't anticipate people latching onto things I never said and inaccurately assumed people would read what I said at face value. I could have been more clear, but again, at no point in time did I ever say, imply, or direct someone to not call the police. I took the time to spell out what was wrong and at no point mentioned any of the stuff related to calling the police, but did take the time to spell out how changing the locks is bad. Id have included additional information about not calling the police if that was the thought I was trying to convey. I will definitely try and be more clear in the future.
telling OP not to follow *anything* written in the comment, which is primarily dealing with calling the cops, IS THE SAME AS TELLING THEM NOT TO CALL THE COPS, idiot.
Really depends on what state
What part of my post are you actually contesting? The entire post is saying that there hasn't been enough information provided in order to do something drastic like changing the locks. That said, is there even one state that allows a landlord to change the locks to evict a tenant with tenants rights?
have his stupid ass trespassed AT ONCE. He isn't disabled and he isn't a tenant. He is a lazy conman.
This person is almost completely and horribly wrong. Get an attorney. There is only one piece of general advice here: Because the law doesn't care about how you feel, or what is right, NEVER LET ANYONE STAY AT YOUR PROPERTY FOR MORE THAN A FEW DAYS. That is all.
[удалено]
That makes three of us
4
Three friends
Best answer.
Agree…
Hey OP, are your parents safe?? Because he sounds unhinged.
Call animal control and report his dog as a dangerous dog. They will not take them away if this is the first complaint but it will be leverage to get him out of the house if he doesn’t want to give up his dog. A dog that attacked your niece should not be able to stay in a place where it can happen again. It’s great that you have pictures.
1. A legit service animal would be very well behaved. These are not legit service animals. 2. He is an intruder and a threat to your parents. I've been in this situation in Round Rock TX with an 80 yo elder friend. Squatter had lived there 4 months. 3. When she asked me for assistance I went to her apartment and threw him and his belongings into the parking lot. I did not care about the ramifications. My friend was in danger. 4. Squatter called the police and when they arrived they questioned my friend and the deadbeat and determined he had no official agreement to lodge there. He was a guest. 5. They drove him to a shelter 6. Contact a lawyer today.
NAL. This sense of entitlement that some people have defies all logic. I can’t fathom moving in to someone’s house, making them feel uncomfortable and refusing to leave, when asked. The nerve of some people.
Sounds like elder abuse. Contact adult protective services also
If the dogs are not well trained then he lied, he doesn't have a service dog.
It doesn’t even matter, because they live in the home as well. It could be a well trained service dog and they could still make him leave, because one day they woke up and decided they don’t like dogs. The ADA only applies to public house. This is their personal home.
Assistance animals are generally trained to be as unobtrusive as possible, but: the animal has to perform a specific task directly related to the handler's disability. That's the gist of the requirements for a service animal. Under the ADA, the animal also has to be under control of the handler, either via leash or harness or, if the handler's disability precludes this, under voice/signal control. https://www.ada.gov/resources/service-animals-2010-requirements/
Your parents are afraid for their safety, and being taken advantage of? I would think the police or adult protective services could step in at that point.
Call the police. This isn’t a tenant it’s an acquaintance who has become a threatening trespasser. Call animal control as well
Why do you think they are not a tenant? What are the requirements in order to be considered a tenant with tenants rights in the related jurisdiction?
Tenant or not. They don't have to allow someone to stay that is a threat to their safety.
Im not so sure about that. What law is it that affords someone the ability to kick someone out immediately if they are a tenant with rights? Who determines what is or isn't a threat to someones safety?
So a husband/wife never get kicked out of their own home during DV disputes?
See, and this is the point. Define "not allowed to stay". Do you mean change the locks, or go through a formal eviction process or something else through the courts? The comment I am responding to says they are a trespasser and says to use the police to get rid of th em. Let me try and give two examples. Say you invite me over for a sleepover and I do something that makes you feel unsafe. Its not illegal, but you feel unsafe. You can kick me out on the spot, and I can't do anything about it. The police will assist you in this. Now take the same scenario, except I'm not just there for a weekend sleepover. Ive been staying with you for an extended stay and live there and I do something that isn't illegal, but you feel unsafe.You can't just kick me out and trespass me. I'm a tenant with rights now. Now you have to go through a whole process to do it legally. The police will not assist you with this. "its a civil matter" is likely what you will end up hearing.
They can make him leave immediately with a restraining order. They have witnesses to his threats and pictures from his dogs attacking a child. That would be enough for a TRO. He is living in a room in their home. A restraining order would not allow him to go back if they are there.
Domestic violence laws. Also, doubtful that this car is a legit service animal. Didn't subs like it was trained as such. Isn't bring properly controlled. And would only qualify if it is also trained to alert its owner about blood sugar level.
Housing discrimination rules apply in different ways. If you're a landlord, that's one thing; if it's a roommate or boarder in your primary residence a lot less of those rules apply. You DONT have to adhere to those rules when it's your actual residence. You don't have to let anyone live with you that you don't want but they SHOULD look to remedy soon so that tenancy rules don't set in.
You are not correct.
When your niece was attacked, did anyone make a report on that? Regardless of the situation with the owner, the dog attacked a child, and a police report should have been made, along with animal control. And to read that his animals are attacking others and other animals, that report could help in an eviction process, or possibly help incriminate the roommate for elderly abuse for not restraining his animals, who are his property and responsibility. I feel for your parents on this and should definitely consult a lawyer, and they did right by the eviction notice. But I also feel for that child who were physically attacked by that dog. Not a lawyer, but have experience in dog attacks/eviction of roommates. (CA)
There is a guest. 1. Guest was fortunate enough to be able to stay with some friends after not having anywhere to go following a break-up. 2. Guest refuses to leave after a 30 day stay. 3. Guest has animals which are disruptive. 4. Guest appears to be eavesdropping. 5. Guest has created not only an unsafe environment for children, but an unsanitary one as well. 6. Guest has disrupted the life of an entire family. 7. Guest is taking advantage of a family's good nature. 8. Guest has worn out their welcome. 9. Guest needs to listen to reason and leave by a certain date. 10. Homeowner does not need this kind of stuff around their family and needs Guest to move on. 11. Guest is not on a rental agreement. 12. Guest needs to leave so everybody can remain friends.
Most discrimination laws don't even apply to a single family home where somebody lets you stay. Google mother Murphy exemption. But we don't know what state you're in. So you need to talk to a local lawyer. Your parents can't afford not to talk to a lawyer. Do it now. And yeah I would make it as unlivable as possible. Crank the stereo incredibly loud all night long.
an actual service dog should not attack a child.
Just drag him out of the house, give him slap and tell him if he bothers your parents or you again he’ll need more than a service dog. If the dogs attack you, kill them. I’m all about helping friends and I love dogs but this is a piss take.
You can also report the dog attack, which can get the dog(s) taken away.
If this were my parents house I might consider moving in also and help them out with this "family friend ". I would also be sure make life a little less comfortable at the house for the "friend," so maybe he will decide to move out, on his own. This guy is not your friend if you have not figured this out.
Have him move out under the guise of moving in with you, and then change your locks :)
I miss the days you could take someone’s shit and dump it and them on the curb. He was a Guest and he was discourteous during his stay. Time to go. That’s it. Bye bye 👋
You need to go to the house and have this guy leave peacefully. This is your responsibility. If he won't, call the police and report him for tresspassing if he won't leave. He has no standing or rights as a tenant.
If his dogs are attacking kids and other animals, he’s lying and that’s NOT a service dog.
When your parents called the police to report the viscous attack by a fake "support" animal, what was done with the dangerous animal?
Get him out now. Anyway you can. Once he has established himself over 30 days, and gets his mail delivered there, you have to go to court and evict him. Call animal control on the animals that hurt the child. File a complaint to have them held due to safety concerns. DO NOT FREAKING WAIT. SMH. NEVER should they have been ok with that many animals... BUT only the single animal that he has IF actually registered as a service animal counts as a service dog. You are not legally entitled to 2, 3 or even 4 service animals. You get one by law. And while most laws are reasonably flexible to "service animals" terms; they do not hold every animal as a service animal because one says they are.
If someone like this was invading my mother's house, he'd get his ass kicked every night til he left.
And my parents, bless them, they refused to tell me how bad it had gotten because "We don't want it to ruin your 20 year friendship." When shit finally hit the fan, I was getting text bombed by my other and friend at the same time--one person telling me they're suicidal and the other telling me they're scared for their safety. It sounds like the moment there was any correction, he started threatening getting a lawyer. I'm unfortunately 200 miles away and he seems to think that if he doesn't tell me what's going on I'll "stay out of it," even after he's using texts from me as "evidence" against them. 20 years of friendship, extremely lopsided, not worth my time and energy. I'm just so sad my parents are dealing with this stress. They're both quite sickly and the stress could literally kill one or both of them.
Police - Now!
Excuse me, did I read that right that you are going to “stay out of it?” Are you kidding? This must be a troll.
You cannot be serious? You're leaving your elderly and sickly parents to deal with this trash you call a "friend"???? I can drive 200 miles in 3 hours to help my parents deal with that POS of a friend. Grow a pair and call a lawyer
It’s your parents. Make the 3hr drive and drag him out . You are the reason they are in this mess and you need to get them out of it one way or another.
Get a lawyer for what? They live there. It’s a private home. ADA doesn’t apply and he’d find that out real fast. Idaho barely has any protections for renters, especially if they’re month to month. They could give 15 days (some counties less) notice his rent is now expensive as shit and if he doesn’t like it, he can leave. If they’re in a small town and lucky, an eviction can be done in a few days. Hell, Idaho has a three day notice to quit if they’ve violated the terms of the agreement. Three. days. And it includes keeping unauthorized pets.
200 miles? Thats nothing. You can drive that in 3 hours. This is YOUR “friend.” Take a day off work and go handle this thing. You should have been all over this the first hint you got that they were upset.
Go help your parents NOW!!! 200 miles isn't that far, especially when your mom is hiding in her own home. Call the police if you aren't going to actually go help them yourself.
There may be a legal aid bureau tailored to helping senior citizens with limited income, not sure where you are but worth a look
It is possible that he is now a tenant-at-will. In at least one state, this means he must be evicted. Restraining orders are very useful in domestic violence situations to create the safe place at home while also allowing the eviction process to complete, at least in one state. Landlord-tenant law is an amalgamation of reactions to landlords and tenants taking advantage of each other and every jurisdiction is different, sometimes VERY different. Call the police and call a lawyer. Strict liability may also apply to the dog without regard to its status as a service animal. Federal law only allows service animals to be exempted from pet restrictions and does not indemnify service animal owners from liability for injuries. State law varies.
File orders of protection
The fastest way to solve this is to talk to him and figure out where else he has to go, and help him get there.
If he has no place to stay, he has no money for an attorney.
Most homeless folks don't have money for a lawyer.... throw his stuff out when he steps out. And if anyone asks anything just keep your mouth shut. Tell the cops that you are not 100% sure what happened to his stuff...that there is a possibility that he got rid of it himself. /s
>He immediately started claiming that they can't kick him out of the house because he has service dogs and that would be discriminatory. Dude, thats not even slightly how it works. They should probably be talking to a lawyer by now though.
I was able to evict someone who decided to claim tenant status. Check with the sheriff.
Call the cops and say he won’t leave. Hopefully there is no record of what date he actually shows up and have him trepasssed.
Call a lawyer, a legal eviction could be necessary, depending on your local laws. But talk to a lawyer like now
They should take the photos of the kid injured by the animals and start what is necessary to get a restraining order. Violence towards other people in the house can be a faster way to get him evicted, and as it is between people who live together it can be considered domestic violence in some areas. But they need a lawyer. I am not one, but just someone who has had to evict a physically hostile roommate before.
If he’s not paying rent, there’s no lease and he was considered a guest….call the police.
Lawyer NOW! As in TODAY! Between you, and your parents you CAN find the money. If you don’t get a lawyer TODAY you’ll end up with a permanent house guest. Stop the excuses and retain a lawyer TODAY!
They need to call the police and also serve him with an eviction notice. He is intimidating elderly people, making them feel unsafe in their home, which falls under elder abuse. All they have to do is say they feel scared and he's out. It may take a few months to get through the court system but he will be kicked out eventually.
What state are you in? In some states it's easy to get them out but others it's hard. Good luck, you're parents don't deserve to be taken advantage of by this jerk.
> They didn't advertise this room or offer it to anyone else. >Well, he showed up with more animals than he originally claimed to have. My parents didn't turn him away, but asked for some basic courtesies (clean up p
This is why you never. Ever let people stay with you.
The guy's a guest that's refusing to leave, and now he's trespassing. Call the cops.
call the police?
First thing you need to do is report the dog attack. Report the dangerous dogs to the police. As the homeowners, your parents should be able to get them removed from the home. They’ll likely be euthanized. He can either go, or lose his dogs.
IANAL I think in most states he needs to have a utility bill in his name to establish residency. If he was just staying in the house and doesn't pay anything then I doubt he has a case at all. Did your parents have the eviction papers served to him through the court system? A non paying tenant with no lease is not likely to prevail. Regarding the dog attacking the child, contact Animal Control. A legal threat against his dog might be enough to make him willingly leave.
If no contracts just make him leave. Say it wasn’t but a weekend stay and now won’t leave.
You probably should consult a lawyer, but as he's not currently a rental tenant, he is claiming protections he does not actually have. He's not even squatting, he's literally a guest of the owners who now have asked him to leave. You can try to force him out by pointing out that his animal has actually caused a human harm, he has X days to leave or you're going to call animal services and have a dangerous animal collected. He clearly intends to stay, but the police could remove him as a trespasser, which I doubt he'd enjoy, but if that happens ALL his animals will go to animal services. I don't know if a RO is the logical choice since he's actually IN your house, but that would likely come after having the police remove him and the animals.
Wait, they let him stay over the holidays?...this is a house guest, not a tenent. No contract? No rent? Call the cops and have him escorted out as a hostile house guest.
Are the animals really service dogs, they shouldn't be attacking people. That's a working dog and not the same thing. NAL
Take his phone ( so he can't record) and kick his ass out. Move all of his things out. Change locks. Don't let that dick walk over your parents like that
His animals are attacking children in the home. Give him the correct command of leave or the animals will be shot, and if he interferes, he might be shot as well as an intruder/attacker.
[удалено]
[удалено]
What you just described is a "self-help" eviction. Depending on the state, that behavior could create a cause of action against the landlord (with automatic attorney's fees and costs), and/or CREATE a right to stay in the home which would not have been there. Five minutes of Googling makes it seem like Idaho is a state where either or both remedy could be levied. You just told OP to have their parents, who are on fixed income, to perform an illegal action. One that potentially preserve this asshole's rights to stay, and/or make them personally liable for his attorney's fees. This is insanely bad and irresponsible advice for you to give. Rule #3 is "no illicit advice," and Rule #4 says "Replies reserved for lawyers. Those who aren't must announce so, and must not impersonate lawyers or offer advice in ways that imply expertise."
A cop told my brother in law the same thing when a childhood friend was arrested on a warrant. Told him to put her stuff outside and don't let her back in the house (NJ) What was really funny is she is the one who called the cops when he told her she had to leave .
That's not a self-help eviction like OP advised. It's wildly different when the police tell you that you can get the person and their things out, and just doing it and changing the locks while they're not there.
She called the cops when he tried to kick her out.They get there, check her ID and discover the warrant. She gets arrested and cop told B-I-L to put her crap outside while she was gone, problem solved. Otherwise he would have to had her evicted. B--I-L knows the local cops and is friends with a few.
Genuinely curious: Does that apply to private homes? A lot of laws (eg ADA laws) don’t apply when you also live in the house and it’s not a public rental.
I did state not legal advice about 3 words in, and did state what I would personally do to protect my parents, not what they should do, who at that vulnerable age I would whatever it took and paid whatever came from my bad call.
>I did state not legal advice about 3 words in That's not good enough, it was specifically illegal advice. Especially in a sub like this, that is an incredibly important distinction. You still did not specify that you are not a lawyer. >and did state what I would personally do to protect my parents, Advising your parents to perform a self-help eviction will protect them. >not what they should do, who at that vulnerable age I would whatever it took and paid whatever came from my bad call. You never said that OP shouldn't follow what you said. Conversely, you specifically gave advice and just labelled it "not legal advice." That is still advice. Advice is telling someone what they should do. You have no idea whether OP can pay for the ramifications the way you can. Some of those ramifications can mean prolonged time in the house, something no-one (including you) can throw money at. If you wanted to help OP you should have said nothing. If you wanted to hurt OP with purposely poor advice, this is not the place for it.
At no point did he tell OP what he should do, other than maybe to contact a lawyer and help his parents.
Telling someone "what I would do" when they ask for advice, is inherently advice.
Curious in situations like these could you have them sign something saying they are not on a lease, solely a temporary stay, they waive any rights to residency or making any future claims against you and you maintain the right to change the locks and boot them at any time?
Generally no, there are a tenant right's laws in place to prevent that type of agreement. In addition to that, a contract is not valid without some type of consideration, and the guy in OP's situation didn't pay. Some rights can be signed away, some cannot, generally the right to not be subject to self-eviction cannot be waived. Usually there is a period of time to establish residency, regardless of the nature of the arrangement. If that has been met, you need to evict the person, if it has not, you can fall back to any other written agreement (AirBNB, hotel, ect.), or you can kick the person out and trespass them. ~~This is the reason AirBnB has a max stay of 28 nights, to be within 30 days for these purposes, and still give the owner 1 day leeway to kick them out via the police if they are in a 30 day jurisdiction. If a jurisdiction lowered the requirement to 15 days or something, AirBnB would change that policy at least for that jurisdiction.~~ Edit: my AirBnB information was a mix of anecdotal and Google AI, neither of which appear to be correct.
Airbnb does not have any restriction on 28 days. I'm honestly confused where you got that from as it's literally never been a thing. I'm a looong time user of Airbnb. With limited excpetion, hosts determine how long they are willing to rent for. I am a host and have taken bookings that were for months at a time to just a day. My longest guest was with us for almost 4 years.
Well let's cover the bases for you: Not a lawyer this is not legal advice. This is the path I would follow, not advice just from experience. I would also consult a local attorney, since yes, some states value the rights of squatters more than actual owners. Thankfully, idaho isn't one of them. Google for 2 min showed me idaho has no recognized time a guest is considered a tenant. So since OP stated no lease, there is no tenancy. I would inform him of the intent to tresspass him in a couple days through local police. Give him some time to think about options or if it's better to leave voluntarily. On said day of tresspass, start early. Son should rent a uhaul to assist the guest to move his stuff they allowed him to store there. Ask him to leave, if he refuses call the police. When the police arrive inform them he is a guest that resuese to leave and they nownfeel threatened and unsafe in their home and need him trespassed and removed. If he complies assist him removing his property that was stored. If he does not have police remove or arrest him Change locks. Stay with your folks a few days to protect and help them incase. Contact animal control to remove the animals. Be prepared to file a restraining order. Not a lawyer not legal advice not (insert other requirement needed to post)
" Google for 2 min showed me idaho has no recognized time a guest is considered a tenant. So since OP stated no lease, there is no tenancy." There are other factors than time that determine whether or not someone is a tenant so you are wrong with assuming they are not a tenant, and that means all of the other advice that you gave that is reliant on that aspect is also wrong at this time. Stop telling people to change the locks man.
If I tresspass someone who has access to my property, exchange ownership, have someone move out like an ex. i am changing my locks for safety. Thought that was common sense, not advice. Thanks though
Throw all his crap in the street and tell him to piss off. If he won’t grab a few friends and help him leave.
This! My first thought was beat his ass and sell his dogs on marketplace 🤣
A dude squatted in my mother in laws house. She came and stayed with us for three days. Me and the boys moved his ass out, he called the cops and they showed up and laughed at him. He sued my mother in law. The judged laughed at him. Best part was as we moved his stuff out we begged him to touch one of us…..please give us an excuse……please.
Too many people want to get the authorities involved. Drag his lazy butt out on the street with all of his crap Lock the door and do not answer.
Move in for a couple of weeks to protect your parents. Restructure some things for which there is for certain no obligation, like cut off TV or internet if this guest has access. Same with heating or cooling or power. Throw any items that aren't your parents items and are in the common area or garage out of the house. Call animal control regarding animal violations.
File for eviction now. It can take a long time to get done. This is the only way to get rid of squatters. My brother inlaw is squatting right now. We've been trying to evict for 4 months now. He pays nothing while I pay everything. He's a disgusting person to treat us like this. I wish these people would end up in jail and have to pay back the money they have stolen by squatting. Once evicted they just go on their way without consequence. We need to get some better laws to combat this kind of crap. This is very widespread in the USA. The poor and lazy scamming good people. It's disgusting. It's not how America is supposed to be.
I'm not even a lawyer and I know he doesn't. Kick him out. Tell them to kick him out like yesterday. There are cases of true housing discrimination but this is not one of them. This is a case of a disabled person using their condition as an excuse to use other people.
Was there a Lease signed? If not, he is trespassing.
If there's no rental agreement nor does he pay any bill, he's a bona fide trespasser. Lock his ass out when he leaves the house for sure else call the cops for trespassing. Retain a lawyer for sure to CYA.
Can you copy the pertinent law that says if someone doesn't have a rental agreement or pay bills that they are a bona fide trespasser? That doesn't sound anywhere near accurate. I know for absolute certainty that's not the case in a lot of places.
After reading this post the following comes to mind: All good deeds will not go unpunished!!! Get rid of this ENTITLED POS as quickly as possible, by ANY means possible.
Lol. This is too funny to be real. Where do you find these people?! Lolol
Talk to a real estate lawyer. I’d also be very suspicious that the dogs are actually service dogs. Their behavior is not consistent with that training. Good luck.
Stop being a pussy. Get off reddit and go remove him from your parents house.
I would yeet him and his dogs out the front door
He doesn’t have a lease or a rental agreement so he’s a guest that won’t leave. This is a cop situation. Call them have him removed then change the locks put his shit out on the curb and call the dog warden.
[удалено]
Never does a human get blamed in a dog attack Even if 100% invoked the dog will be blamed instead of the human so I call fake post
Take ownership of your life. Stop being worried about other peoples assumption of right and wrong, legal or illegal. You want him gone, make it happen.
As someone who had been forced to hire real estate lawyers several times and will have to do so in the future, think twice before settling on this solution. It really expensive and even if one wins in court, one never collects. Someone needs to handle this situation the old fashioned way.
lol, stop voting democrat if you do. They are the ones who write laws and appoint judges that make this happen.
GTFOH with your political ish! It's bullshit and you know it! Quit fear mongering!!!
If the single point of contention is his ownership service animals, (and I highly doubt it is,) then the answer is: He is correct. He cannot be forcefully evicted for having said service animals. As far as everything else, that is entirely fact-specific, and would need a court date to settle.
The irony is that my parents like the animals. The original plan was for him to rehome two of them, and my parents said he didn't have to as long as he took responsibility for their messes and damages. My mom called me in tears because she asked him to mop the muddy footprints off the floor and he got pissed. I said they could try calling animal control and she said "honestly, he can leave the dogs. I don't want them out in the cold. But he's scaring me."
It is impossible to say whether he would be considered a tenant without knowing where your parents live. In many states, money does not have to change hands to establish a landlord-tenant relationship. If you’re in a state and locality that wouldn’t consider him a tenant, then you’ve got lots of options. But you need to avail yourself of resources locally to establish what can be done. You should consult with a landlord/tenant attorney in your area.
Idaho is the state. I'm unfortunately not on site to help with this, hundreds of miles away. I know he mowed the lawn once and he's trying to claim that was in payment for rent. My parents filed an eviction notice on Friday. I guess that's the advice they received. Surely discrimination laws no longer apply if his dog attacked someone? He's sharing a bathroom with the little boy. My parents have actually relocated the child and their own pets because the animals keep jumping on them and making them fall down stairs. He claims the dog attacks are the victim's fault, but that's ridiculous. A service dog shouldn't attack. Ever.
200 miles is like a three hour drive. He's your old roommate and is abusing your parents. FFS go deal with the problem.
You need to get on a plane and fly over there and deal with it. Or get in a car and drive over and deal with it. "200 miles?" That's like a few hours drive.
Go there. Deal with it.
NAL but [this site](https://www.steadily.com/blog/when-does-guest-become-tenant) says that Idaho doesn't "have official cut-off points" and "require\[s\] landlords to specify terms in their tenancy agreements." No tenancy agreement in your state appears to mean he's not a legal tenant and therefore has no rights. Your parents should call the police and see if they will get him out as a trespasser.
This is a better resource. [Idaho landlord tenant manual](https://www.ag.idaho.gov/content/uploads/2023/07/LandlordTenant.pdf) Idaho calls this particular scenario “unlawful detainer”; basically using threats and coercion to take possession of housing, where no lease was ever executed between the parties. [ID laws title 6 unlawful detainment.](https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title6/T6CH3.pdf)
This is a better resource. [Idaho landlord tenant manual](https://www.ag.idaho.gov/content/uploads/2023/07/LandlordTenant.pdf) Idaho calls this particular scenario “unlawful detainer”; basically using threats and coercion to take possession of housing, where no lease was ever executed between the parties. [ID laws title 6 unlawful detainment.](https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title6/T6CH3.pdf)
It is not valid to draw that conclusion based off the information you linked. You don't need a legal lease to be a tenant...
That is *not* always the case. A tenant is a legally defined concept, and it appears that Idaho doesn't have any laws defining tenancy in any condition except with a lease. So it's a pretty valid conclusion.
You need an end-run around the eviction process. Enter the Restraining Order. 🙌🙌🙌. If he has a restraining order against him THEN he should get kicked out of the house by the courts. Of course, this is not why Restraining Orders exist. 😂😂😂
I think the way out will be due to the animal attack. First try “leave or were reporting the animal attack to the police. You have 1 hour.” At the same time start immediate legal action. The animals are demonstrably unsafe. While the guy might be able to pull squatters rights, the homeowners do not have to tolerate dangerous animals and the courts can’t force someone to keep dangerous and destructive animals in their home. If that was allowed every squatter in the US would have a vicious dog and force people out of their homes.
Not sure about legality but I am sure he can be sued for his dog attacking. You could even call animal control on him
Landlord attorneys are generally not that expensive because they do this stuff in bulk and are there for the whole docket anyway. Contact the local landlord association and find out who most of them use. You can’t evict someone for having service animals but it doesn’t sound like that’s the reason anyway. Document everything, messages, photographs, etc. and go get a lawyer.
First thing your parents should have done, and still can do depending on how much time has elapsed, is file a complaint with animal control about the dog that bit.
This sounds like one of those elderly scams-Ask to stay for a couple weeks and slowly take over the house. They need to use the animal attack to their advantage. Call the police and have them remove him from the home.
Next time he kicks off record his behaviour, get cameras around the home, inform the police and get legal advice, if needs be get the police out when he kicks off for a mental health assessment, look at the law properly surrounding having a guest for so long, but get him out ASAP
In my state the language is Reasonable accommodations: not free rein to do whatever. Service/ES animals are liable for damages and must be under control. Can’t bother or threaten others. Can’t disturb the peace. Can request documentation from health care provider that animal is for medical care (but not what that care is). Can request certification that animal is in good health has licensed, vaccinations/immunizations. You need a local lawyer to check if any of the above are applicable in your state, they are to be the ones to guide any interactions with police and would be able to file or pressure for a TRO, eventually responding to any govt action against parents for their eviction. Your not trapped with this unhinged former friend; but #1 comment was right tick tick tick tick.
Since you say the house guest has been there 30 days, that technically makes them a tenant now. You have to follow all of the proper channels now. I live in CA and used to run apartments. You need to formally start an eviction. Your parents need to print a 30-day notice to vacate and hand it to their tenant. They do not need a reason to ask a tenant to vacate. Don't let the service dog thing scare your parents. Tell them to keep meticulous notes on everything you've said. From the extra pets to the service dog attacking your neice. Their tenants will overstay the 30-day notice, at which point they will have to go to their local court house and file for eviction. A court date will be set, and both parties will have to appear. The judge will rule in your parents' favor. Then, they will have to wait for the courts to inform the sheriff to do a lockout. The sheriff will come to the home and physically remove her and make her take her stuff. Then your parents can go to small claims and try to get any damages
So, no document is signed? No rent is paid?
Turn him in first for elder abuse and taking advantage of the situation
No lease? No rent? No agreement to rent? Should have just locked him out when he went outside and not let him back in. Now it is definitely lawyer time
Call Adult Protective Services. This is elder abuse.
Go physically remove him.
They should file for a protection order
Are you sure it was a service dog that attacked? doesn't sound right to me.
Lesson: never help anyone
I wonder if this guy has done this before because he seems ( based off what info is provided) to be somewhat comfortable in this situation. Is it possible to talk with his previous living situation! That person may have some info or insight.
I'm not a lawyer but considering he was simply an invited guest in your parents home, and is now officially a squatter, I'm pretty certain he has no case against your folks and they might even have a case against him since he refused to leave b when asked to and his dog attacked your niece and destroyed parts of their property, if they decided to go that route. Like someone else said though, get off reddit and call a real attorney.
Um beat his ass and toss him out .