Expert: Sylvia Bergthold - 7/12/2006

Question
My situation is unique at best, however the problem is severe. I'm a 25 year old quadriplegic,
I bought a house when I was 15 years old at the time of my accident. My mother & father have lived with me in my house ever since. I own the house, my name is on the deed, not my mothers or fathers.
Here's the problem, my mother and I want to evict my father from my home. He is a alcoholic, abusive, and often breaks things. He does not work, my mother works all day while he sits home with me and drinks. I also get income from my accident, but he pays for nothing but beer.
We have called the cops on him numerous times for his drunken behavior, often with him going to jail. But he always get's out and comes back.
My mom is wanting to divorce him, but that doesn't solve the problem of making him leave the house. The cops told him that he legally has the right to live in "my" house even if I ask him to leave. I was also told that the process isn't as simple as me telling him to leave, what do I do?

Answer
Hi JR

There is nothing simple about this case.  My first suggestion would be to contact the Fair Housing Agency in your city.  Explain the entire situation to them and see what your options are. They know all the latest rules, codes and whatever that govern housing. And your case is unique and my info is generic.

This is not really a roommate problem, as much as it is a domestic one. I feel though that since YOU own the house, and he is abusive and earns nothing, you and your mother should file a restraining order on him.  In a drunken stupor, he might do something to harm you or endanger your life to the point you cannot get help.

Because you have a record of him going to jail, it might help with the restraining order.  However, your mother is going to have to make up her mind and finally get a divorce from him or at least a legal separation. Because of her refusal to do this, she has contributed to the problem and enabled him to continue doing what he is doing.

And because he has been living with you for years, this is the reason the police say he has a right to live there, he has what they consider "established residency". He has BUT you need to get legal help in having him removed permantly.

Good Luck

Sincerely
Sylvia Bergthold
www.aroommatesurvivalguide.com