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We know that this neighbor always takes his car (sometimes without permission). He lives on the other side of the half double that my uncle owns. We have given our uncle advice, but he is not taking it. He is in his upper 80's. The attic is not closed off, so the neighbor a single male can get access to my uncles side

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Update: My brother wasn't able to give the neighbor the eviction notice because he was told to wait because they had something in the works. Over the weekend he was caught and arrested for forgery/identity theft of my uncles checks that he was writing out in his name. It was around $1200. He is now out on bail, but still living there until Sept. 1 as far as I know. His hearing is on the 13th of this month. My brother took my uncles car to his house to keep there for now. That creep finally got caught.
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Please call the police and adult protective services to have them do a background check on the tenant. Run a background and a credit check on new tenets. If there are warrants or of he is on parole they can arrest him or at least keep an eye on the tenet that is being evicted.
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Please let the police department know the situation, that there is eviction in process and to check on uncle Stan. BE SURE you put it in writing that the tenant MUST NOT use the car and alert the PD to that too.
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Thanks for the update. With rent in arrearage for over 4 months, this man is clearly abusing your uncle's generosity.

Good luck, and tell your relatives to be sure to stay safe. Never can tell what this guy will do.
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Here is an update. My brother and sister in-law are going over to my uncles today and he is going to sign the eviction notice. My man has not paid his rent in over 4 months. My uncle has changed all the locks on his side and is well aware of what is going on. I will update on how it turns out.
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I'll have to get back to you later in the week on what is happening. My brother does not always inform me about these things he is doing or why. Thanks so much for all of your concerns. I really appreciate it.
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myunclestan, curious what is the legal reason for the eviction?
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Call adult protective services where your uncle lives and report it. They will likely do an investigation or a wellness check and talk with the neighbor about the concerns.
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Make sure your brother can serve the eviction notice, given that he's a relative. It's been years since I've done any landlord/tenant work, so I'm not sure if a civilian and/or relative can serve or if it has to be an unrelated process server.

Your brother might want to have someone with him if he does serve the notice himself. And you might want to take your uncle elsewhere to stay for awhile until the tenant is gone.... just to be safe.
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I think they are worried that if he can abuse the car use, then how much farther will he go.
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That's what other family members are worried about with the attic. We heard that he made a comment to someone saying "I got a home and now a car to use when ever I want". However, earlier today I found out that my brother got a eviction notice for this guy to give on Sunday. Not sure how that will turn out.
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I think someone needs to ensure that whatever this guy is doing, it's not something that your uncle authorized but didn't remember. You don't want to make false accusations.

Why would you think the man might cross the attic? Is there something else going on, or is this because of the suspicion that's been raised by his behavior?
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My uncle did say that he gave the man his keys to run on some errands. I don't know if that man made his own set of keys or not, but once my brother stopped by and ask him where his car was and he didn't even know it was gone. My uncle still drives as far as I know. The family member that has the power of attorney, lives in another state. I did notify them of the situation and told them they should come in and talk to him. As far as the attic, we don't know if that man is entering across, but it is of concern that he might.
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Is he running errands for the uncle? Maybe a brief conversation with the tenant is in order. Ask for a copy of his license. If he can't produce one, he should not be driving. Maybe he is being helpful. Try to hear both sides.
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I assume your uncle gave him a key to his car? Can you try a lock over the steering wheel, with only one key which your uncle would keep?

There are liability issues here as well. If your uncle is the sole insured and the neighbor has an accident, I doubt if the insurance company would foot the repairs for an unauthorized driver. In fact there wouldn't even be coverage for such an event.

The insurance carrier may even cancel your uncle's policy if it becomes aware of his dementia and habit of allowing someone to drive his car.

If there's a severe injury and the injured party sues, your uncle would be financially devastated by having to pay the costs of defense himself.

It sounds like your uncle acquiesces in allowing his neighbor privileges which shouldn't be extended. Is he on any medication, has he granted anyone durable power of attorney, does he even still drive himself? Is he still able to understand the consequences of these risky decisions?

I'm not clear about the neighbor having access to your uncle's side of the duplex. Is he coming through the attic and into your uncle's private space to get keys to the car, or does he have his own set? What else is happening when he comes through the attic? Are there issues of financial abuse?

This is a tough situation unless you potentially want to take some legal action to protect your uncle, which may eventually be necessary. Hopefully others will have better suggestions than I.
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