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

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!

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

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.

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.

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.

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

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...."

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.

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

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.

^^^^ 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

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.

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.

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!

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.

His crap would be at the curb in the blink of an eye. Change the locks. He's a common thief and con artist. Treat him like one. If your parents are reluctant to do so, do it for them. Get a couple of friends to assist. Notify the locksmith to be there on the same day or do it yourself and buy the new locks before going there. Do it all in one day. You can do this. Go get um.

Put a padlock on the refrigerator, put an alert on their credit bureau files, do not accept anymore money for rent, then go six months and evict this person. Document everything harassing to your parents and file an Order to Show Cause for eviction. It goes without saying they should have done a background check, but one never knows when someone will turn violent. Protect them!

After reading other responses, I agree that fraudulently using your parent's Soc. Sec. # is grounds to press charges against him. You could also notify the cable company immediately about that who might will sue him. I had an experience with illegally evicting my nephew. He is bipolar and refused to take his medication. He smoked marijuana, destroyed furniture, harassed my elderly mother for money, etc. I tried to help him for a year. One day when he threatened to kill me, I phoned the police who then took him to the hospital. While he was hospitalized, I wrote a letter to him, his social worker and doctor informing him that he could no longer live here and detailed my reasons. I put his property in storage and paid for 3 months. About 4 months later he appeared at my door with the police who informed me that he be could continue living here. I stood my ground refusing to admit him. Three squad cars showed up and I told them to they could take me to jail but I would not let him back in. My neighbors appeared yelling to the police to leave me alone. The police captain showed up, took me inside and asked if I wanted to press charges against my nephew. I did not want to do that. I showed him the damage my nephew had done to the house. He asked me again if I wanted to press charges. Finally I got it! He'd been trying to tell me that was the only way I could keep my nephew out of the house. That's what I did. FYI, in NYC the penalty for an illegally eviction (meaning without going through landlord tenant court) can cost the landlord three times what the amount of rent. Bottom Line: I'd press charges for fraudulent use of the Soc. Sec. #. I would take the risk of tossing this guys things on the street. If he goes to the police or social services agency, I'd swear that he threatened my parents lives, too. (From experience I know that social workers are trained to advocate for their clients and do not care about the landlord and will advise the client of their legal rights.) Still I would risk it to protect my parents. Good luck. Please let us know the outcome.

This seems to fall under " Crimes against the elderly " I would talk to a lawyer about this.

I agree with the other posters who said it is time to downsize and move into something where the mortgage payments are more affordable, where your parents wouldn't need to find a boarder.

Janet1999, is there a written lease between your parents and the tenant? What is the break lease clause, if any?

My suggestion is to move your parents out of the house and have them live with other relatives or friends, and put all their household goods into a storage unit. Then call in a Realtor to put the house on the market For Sale, assuming there is no lease, otherwise the new owners will have to honor the lease. The electric and water have to remain on. With no food in the house, the tenant will decide it is time to squat elsewhere.

It will be expensive, but a lesson learned to screen the tenant.... with my rental properties I always used a Realtor to find my tenants and everyone was great. Shady people won't go to a Realtor to find a room to rent in a house, because they need to have good credit background check and good recommendation from their current or past landlord.

In addition to all else, I would call the local press whatever consumer fraud person who calls folks up and gets things fixed. I guess you don't need us to tell you that your parents need more of a watchful eye than anyone has had on them before this. Let us know how this works out, please!

Agree with the posters who said put his stuff out on the street and change the locks. Is there a younger male relative who can stay with your parents for awhile?

I know you can't cry over spilt milk but it alarms me to see people in their 70s still having mortgage payments. Maybe time to look at downsizing. And for God's sake do a background check. I mean they couldn't find a nice young lady just out of college with her first job to move in?

Maggie you've reminded me of the divorcing couple feud where the wife unscrewed the finials from the curtain poles and put whole unpeeled prawns into the tubing, then screwed the finials back on. To her delight, when her husband moved out he huffily took the curtain poles with him on the grounds that he'd installed them in the first place.

Tee-hee-hee. But not the sort of thing I approve of, of course.

Question: When was the last time he filed bankruptcy? If he filed a Chapter 7, he cannot file again for 8 years. Federal law. A chapter 13 will only mean he has to arrange monthly payments, if he does not file a plan, the case is discharged. Eviction needs to start before the bankruptcy and an unlawful detainer given him by the judge, once this happens a bankruptcy won't stop the eviction process. Only if it is filed before the unlawful detainer. Landlord & Tenants rights through HUD will help fill in the blanks as to their rights. Get them to file the complaint against him, and I agree someone needs to stay there until this is done.

Best wishes

Seems to me the Hell's Angels chapter in Chula Vista could solve this. If dad was a veteran, I would contact a VFW or American Legion or Patriot Guard.

I was thinking a three-day old fish hidden in his room somewhere. 'Course the whole house'd reek. Still, it might be worth it. ROFL

Put a skunk in their apartment. Deny all knowledge of how he got in.

I was in a similar situation with a home I owned 50% of. My aunt owned the other 50 %. We had tenants who were damaging the space they rented and causing problems for the other tenants. I went to a lawyer and he informed me of all of the legal details and how it would take time and money. The other owner, my aunt all of 5 feet tall and about 125 pounds, banged on their door and told them to get their s**t out in three days or she would have it all put on the curb on the 4th day and the locks would be changed.
I was so worried that we would be in such legal trouble but they were out in 2 days and never heard from again.
THROW ALL OF HIS STUFF OUT ON THE CURB AND CHANGE THE LOCKS. Enough with this persons rights. He can't afford an attorney and his biggest problem will be finding another sucker. That should keep him busy.

I agree with all who said 'just put his crap in the street'. Part of this game is fear and intimidation, that's why he picks on older people. Put his stuff out and move in the room yourself. Let him prove he was ever there in the first place. Maybe he'll be dumb enough to use the cable bill to prove residence ;-))

Can nothing be done with the fact that he stole your Mother's social security number and used it fraudulently? File criminal charges? Quick google on identity theft in CA:
"Falsely Personating" Another
Anyone who falsely impersonates another person with the intent to obtain money or other types of property also commits a crime in California. Falsely impersonating another is punished as a larceny offense. This crime is either a misdemeanor or felony offense, depending on the value of the stolen property.
(California Penal Code section 530)
Elder or Dependent Adults
Someone who commits identity theft against an elderly or disabled adult in California faces more significant penalties. Additionally, caretakers who are responsible for caring for an elderly person or dependent adult face tougher penalties if they commit identity theft against that person.
(California Penal Code section 368)
I'm also a big fan of katiekat2009's reply!