Evicting my brother...fun! : ezLandlordForms

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Tom B

started a topic almost 9 years ago

My dad passed away 1 1/2 years ago. 15 years ago, he had my younger brother move in one of his apartments at $500. / month - below market rate to help him out. Before dad passed I asked him why he's always short and angry with my younger brother. Dad said "He doesn't respect me...even when he had a job and was making good money, he he only paid me ONE time". My brother said "dad's a liar...I paid for a whole year!" To get some of his money's worth, dad would always nag my younger brother to mow the lawn, paint, help with repairs, etc. My younger brother now says dad owes him $73,500 for 15 years worth of work, and no he will not pay rent and refuses to move until the property is sold and he gets his money. He also put a ton of dads things in another apartment below him and refuses to move out of that one too. (Dad and I were removing the drywall in that one for a makeover before he passed) I am the Trustee, and each sibling gets an equal share. After letting my younger brother live off of his siblings for a year rent free (He was broke and unemployed, and my sister wouldn't hear of us charging her baby brother rent) I delivered a rental agreement for 650. / month only after he was given enough money from the sale of dads house to rent anywhere...even with no credit (40k can pay for a lot of months upfront) My attorney says I can deduct the rent from the proceeds of the sale. I plan on doing that. December 31st I started eviction proceedings which sucks to have to do, but he wont reason or even respond to me. We now have a buyer, but my brother may blow the sale by not signing a rental agreement which the buyer and bank needs to complete the sale. Should I compromise and give in or wait the 90 days for eviction, refurbish his apartment and the one he's holding hostage, rent them and re-market the property? We used to be a tight, loving family. Am I doing the right thing?

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Derrick D

said almost 9 years ago

Yes you are doing everything correctly... never give in. It sounds like he is a bit of a free loader but owning rental units is a business. If he does not pay he is stealing if it was another rental unit he would have been evicted a long time ago. Go through the whole eviction process and have the authorities remove him from the property. Start to rehab and prepare anything you can. You do have the right to go into the apartment that he is not living in and may start to remove the things to storage that was left behind. Once the eviction does go through you will be able to put on new lock and keep him out completely. He is not owed anything.

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Tom B

said almost 9 years ago

Thanks Derrick. It helps to get eyes on this that are not involved or emotionally attached.