Tenant will not leave my parent's home. What do I do?

Throwing his stuff out sounds good, but they could cause themselves trouble with that, but I agree with Clementina, bring criminal charges and have him arrested. While he is in jail, move his stuff into a storage facility (you can get them here for $1 for the first month) and turn the key over to his jailer. Then change the locks. Take out a restraining order stating that he has threatened them with bodily harm.

Ferris1, that is really, really bad advice. You have two elderly people in a house with someone who could be very dangerous. They don't have 6 months to play games and do things like put a lock on the refrigerator. You get him out of the house now.

I don't think the OP wants to end up on Dateline NBC about murdered parents. Not trying to be dramatic, but you don't play cat and mouse with someone like this.

Rocknrobin, you have the right idea. Do it in one day and press charges against him to avoid any chance of him being let back in. As one poster pointed out the police were "dropping hints" to press charges against her nephew otherwise he was going to be let back into her home.

This needs to be done quickly, no time for long drawn out procedures. I wouldn't be able to sleep if this had been my parents with someone in their home like this.

He needs to go!

My understanding is that if a landlord chooses to move a family member into a rental property (or to live in it him/herself), the tenant must leave. While your parents aren't renting out their entire home, but only a room in the home, they could say their nephew needs a place to stay, and they need to give him the room that the tenant currently occupies.

It would be helpful if they actually had a burly male relative or acquaintance who could be produced to play the role of the nephew.

Send the tenant a letter informing him of this by registered mail and set a date for him to be gone. If he starts yelling at your parents, call the police and have him charged with making terroristic threats.

Another thing the parents can do, and is recommended for all of us, is to *freeze* your credit so that no one else can use it.

Freezing credit is simple to do, just go on each of the top three credit bureau websites and find "freeze your credit" and fill out the necessary on-line paperwork. The cost is around $10.00 when I did that last year.

Anything you need your credit available, such as getting a new rental apartment or buying a new car, you can *unfreeze* your credit for a small fee, and then refreeze it.

I learned that from Clark Howard, who use to have a weekly TV show about finance. His website is still active, just put .com after his name.

^^^^ correction.

The cost is around $10.00 for each credit bureau.

I need to proof read and not be in so much of a hurry :P

I like pamsteg's answer about contacting the VFW if dad is a veteran. Get a few Vietnam Vets on the case like stink on a monkey. They wouldn't have to do a thing. Just be there when the lock is being changed and the crap is being kicked to the curb. Many hands make light work even if they wouldn't have to lift a finger.

Sheriff, eviction, trespass notice, boot in rear ...

What Katie said. In a skinny NY minute. When it comes to the safety of my family, piss on the law, especially a dumb ass, ignorant, utterly stupid law that puts a predator's rights before my own, forces me to house someone I feel is a danger to my family, and makes the bad guy's 'right's' more important than my own. No, I'm not likely to follow those kind of laws.

In my eyes the only 'right' the bad guys have, if they're in my house, I know they're dangerous in more ways than one and want them out, is the 10 seconds they get to run for the door before I blow their knee caps out. I have about as much tolerance and mercy for these types as I have for cockroaches when they show up.

SA to PD "I'm sorry officer, I was just cleaning the shotguns and one of them went off, I didn't know there was still a shell in there...."

PD to SA "Pull the other one it's got bells on it"

This happened to a friend of ours. While the tenant was gone, his belongings were put in garbage bags at the curb, all door and window locks were changed and an alarm was installed. Additionally, two new "tenants" who happened to be County sheriffs, were there and had their duty cars parked in the driveway. Worked like a charm.

I'm a landlord in California. Written lease or not, landlords have to serve all legal notices to anyone who claims to live in their house. The only quick way out is if they have him arrested for elder abuse.

Something else I was thinking of. If he is renting a room only, doesn't that fall under a different category? It's your personal house, so there shouldn't be an issue with kicking him out like right now...in fact I'd say unless there is something legally binding in the rental agreement, I'd call the cops and have him removed. Just a thought.

Oh never mind the thought...I just remembered you already tried the police. sigh...sorry.

From your description, I am assuming this house is located in the 5 boroughs of NYC and, if so, I completely relate and sympathize with you. My great aunt owns a home in the Bronx and has gone through the very same thing. What I can suggest is contact Adult Protective Services and file a complaint against the tenant that he/she is being abusive upon your parents. Push this organization to pursue abuse upon this person and then contact the housing court requesting their attorney's office to work with the social worker through Adult Protective Services. Working with the housing court is a flaming nightmare! They now have changed the laws where you CANNOT evict a tenant for non-payment of rent, which has only made things worse for landlords. What used to take 9 months, will now take up to a year and a half. I would also notify Adult Protective Services about the "identify theft" and the tenant opening an account without your parents' knowledge. This is considered "Elder Abuse" and "Identity Theft" and it falls under the Federal laws. Here is a link: http://www.nyselderabuse.org/identity-theft.html
Sorry to say, but don't waste your time with the police because they are too busy and don't waste their time with what they consider petty cases. Go straight to the D.A.'s office: http://manhattanda.org/resources-victims-elder-abuse
Again, identity theft is serious. If your attorney tells you "no" or "don't bother", do it anyway. You know the old expression: "the squeaky wheel gets the oil"! Make LOTS of noise!!! Let this person know you are not stopping and if they think there is a possibility of "jail", they will eventually decide that leaving is better than a jail sentence! Good luck to you and just keep making "noise"!!! If you go to the police and file a complaint, make sure you get that copy of the report. Document every phone call, every person you spoke to, every letter you write, etc. Have your parents make an appointment with the D.A.'s office and make sure a formal report is filed. Keep it up until this person gets the message you are not going to stop. Once you get "Elder Abuse" and the "D.A.'s office" involved, the judge will push forward because . . . . let's face it . . . . they are "elected" officials and want to maintain those brownie points. Do you think a judge is going to want to take on Elder Abuse? I don't think so! Best of luck to you and remember . . . . document . . . . document . . . . document!