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All Forum Posts by: Amanda B.

Amanda B. has started 1 posts and replied 26 times.

Post: I Need Help Peacefully Evicting My Brother

Amanda B.Posted
  • Englewood, NJ
  • Posts 26
  • Votes 7
She will be paying 50% up until May 1. 


Originally posted by @Thomas S.:

@Amanda B.

Is your mother still paying his rent. Probably yes, hopefully not.  

Post: I Need Help Peacefully Evicting My Brother

Amanda B.Posted
  • Englewood, NJ
  • Posts 26
  • Votes 7
Hey Jo!

So sorry about the situation you’re experiencing. Thanks for posting a reply. Life always throws us the unexpected, but through my situation, I’m learning more & more about showing God’s unconditional love, compassion, & how no situation is perfect. We always put these expectations on ourselves on where we should be, what we should’ve done differently, etc. Be encouraged! We’re moving forward & upward, & I really have faith that each trial will benefit us in the long-run. Praying for you & your family.

Since my original post, things escalated a little bit. He pretty much told us that he would continue to smoke weed on our property (i.e. around my toddler), & we couldn’t do anything about it. My husband & I ended up having to give my brother notice of sorts (with no intention to actually go through the courts, because we didn’t want an ‘eviction’ on his background check). We had to show him that we could do something, but still give him a chance to change. He was very angry. Thankfully, through word-of-mouth, my mother found an apartment for him. We helped him with security & first month’s rent, & my mother made a deal with him to pay his rent for thand first 7 mos (she is on a limited income, so I thought this was amazing of her). We have reached out to him a few times since he moved out (mid-November), with no response. Hopefully one day (as he experiences more & more on his own), he will realize that he has only been angry at himself this whole time, & that we really have done nothing but helped him this whole time (including pushing him out of the nest).

Many blessings! Wishing you the very best with your situation, & again, praying that you will remain encouraged.


Originally posted by @Account Closed:

I haven’t read the replies to your post yet, Amanda. I pray your situation has been resolved by now. I’m commenting to express my compassion and understanding — and to tell you thank you for sharing. I am in a very similar situation to yours. My brother is 51, not 21, and fortunately not belligerent — but same general sense of entitlement. Mom purchased a house for him, requiring him to pay nominal rent (skin in the game — just enough to cover taxes, insurance, maintenance,etc.) He promptly moved friends in, requiring nothing of them — promising 4 consecutive months now that he’s working on getting the money (I believe he is — but it keeps getting funneled other places as he tries to get his business going. I understand the truth of that far too well myself.)  I nag and cajole and make idle threats. And then I nag and cajole and make more idle threats. I believe he means well (He’s had mental and physical health challenges , which is why Mom was inclined to do this in the first place —  but he is taking unfair advantage and has a history of doing so — including stealing $ and personal property from her). 

When I read your post, it’s obvious what your obstacle is — and therefore, mine too — I want my brother to meet his obligations, and if he can’t, or won’t, I DON’T WANT HIM TO BE UNHAPPY WITH ME FOR EVICTING HIM.  So I make another concession, set another deadline, and back-pedal some more, hoping THIS time is the time. There is a lot of personal guilt/shame in this for myself — because I too have had health challenges the past year, and our mom supports me too — I too am trying, and presently failing, to get back on my own financial feet. The hair-splitting differences are these 1) I serve my 82 year old ailing mother in other ways — she is mentally competent but not able to handle administrative and executive functions. I pay all her bills (with her $); drive her everywhere she needs to go; do all her shopping; go visit her 3-4 times per week (She just moved to independent senior living this past fall); 2) I am a single mom of her only grandchild — there’s no way I’d be here if I were only responsible for myself; and 3) although I’ve cost her as much $ (maybe more, truth be told) as my brother, I haven’t stolen money and things. Yet, my guilt and shame for my own “draining her dry” are overwhelming and keep me feeling like a hypocrite that I must be the one to hold him accountable when I can’t meet my own obligations. (My mom wants him to meet his obligations or move so we can rent the house out and it will sustain itself — She is willing for me to evict him if necessary, but doesn’t want to do it herself and couldn’t really even if she wanted to.)

Thank you — I can see past your inappropriate guilt for your brother’s situation (you love him and want him to be healthy but can’t make that happen for him.) I know matter-of-factly  what you need to do and I know that it doesn’t matter that your brother won’t like it (he won’t) and will push all your guilt buttons to keep you from doing it (he will). And I know that nevertheless, in spite of all this, do it you must. 

And if you must, SO MUST I. I have just drawn the last and final line in the sand. And in the next 48 hours he will meet it, or he won’t. If he does, great  and if he doesn’t, I will retain a lawyer to evict him and his friends. I will report back here the results to be accountable to myself  

Now I’m going to post this and then scroll down and read other comments and see how you’ve fared in this matter. And if you still haven’t been able to do it, don’t beat yourself up. But maybe “together” we can both step past our guilty feelings and do what we gotta do. 

Sorry to anyone annoyed by the decidedly non-business nature of this post — but I’ve been a member of Bigger Pockets for months now and was thrilled when I Googled  “evicting my brother”’ and the first search result was right here on BP. It has been a true help to me. Thanks, Amanda. And thanks for all the help and patience of other BP’ers. 

Post: I Need Help Peacefully Evicting My Brother

Amanda B.Posted
  • Englewood, NJ
  • Posts 26
  • Votes 7
This is exactly the light I needed shed on the situation. I put waaay too much context in my original post. Thanks Tom.

Originally posted by @Tom Gimer:

Maybe I can bring this thread back into the light...

You want to "peacefully" evict your brother? Pay him.

If he doesn't leave, removing him will require court action. Several of us already said this. It might not be an "eviction" but it will be a case followed by forced removal. You buying the home only changed the plaintiff in the case required to make that happen.

Post: I Need Help Peacefully Evicting My Brother

Amanda B.Posted
  • Englewood, NJ
  • Posts 26
  • Votes 7
And yet here you are.... still commenting.... two days later.

Originally posted by @Thomas S.:

This is a ridicules discussion.

Post: I Need Help Peacefully Evicting My Brother

Amanda B.Posted
  • Englewood, NJ
  • Posts 26
  • Votes 7
I didn’t explain this correctly.

 My husband and I just took ownership of the house last month. It was a very tumultuous situation, and we were trying to mitigate the issues on a sinking ship. It WAS enabling primarily by my father, and then by my mother when he passed. I say that to say this. I wrote this post looking for intelligent and professional advice. Not for your opinions, your condescension, your judgment, your quotation marks, or any other of your emphatic crutches.

Unless you have more than that AND the common knowledge of ‘hire a lawyer to get rid of a squatter,’ don’t waste my time.

Apparently people can’t read between the lines.

1) WHAT RIGHTS DOES MY BROTHER HAVE AS SOMEONE WHO LIVED HERE HIS WHOLE LIFE UP UNTIL THE POINT THAT WE BOUGHT THE HOUSE (once again, last month).

2) DO I HAVE TO GO THROUGH A LEGAL EVICTION GIVEN THE CHANGE OF OWNERSHIP? DOES THIS CANCEL OUT HIS “tenancy?” Tenacy meaning he gets his mail there. Obviously he doesn’t pay, so that’s not what I mean.

3) What do you guys specifically feel about my family and how we approached the situation? Please grade below.... 

...wait, that last one wasn’t one of my questions. 

Sorry, Judy. You were the last of a few people who chose to jump instead of read and help, so you got the brunt of it. I’m sure you understand.


Originally posted by @Judy Parker:

Your mother, you and your husband need to stop being "enablers."  He is a grown man, yet you get him a car, let him use your EZ-Pass, put a roof over his head, pay the utilities, let him take free showers in YOUR house and don't demand rent from him.....please don't tell me you also cook his meals and wash his clothes.  If you "own" the house, get a lawyer and proceed with evicting the Squatter Brother.  He's gotta go.

Post: I Need Help Peacefully Evicting My Brother

Amanda B.Posted
  • Englewood, NJ
  • Posts 26
  • Votes 7
Best advice all day. Thank you. 

Originally posted by @James Barnhart:

You already know that you need to stop enabling him.  Enabling him is not love.  That's just being weak.  So, I would let him know that you love him, but his behavior has not improved and definitely is not acceptable.  So, he has to go.  I would wish him well, and offer to keep in touch if he calls, but he cannot move back in.  That is called love. Hopefully, he will hit his bottom and then turn around his life.  

If you are the type that prays, that would be so good to do, for both him and for your family.  

Hope this helps.

Post: I Need Help Peacefully Evicting My Brother

Amanda B.Posted
  • Englewood, NJ
  • Posts 26
  • Votes 7
Thanks Tom. You’ve been super helpful today...

Originally posted by @Thomas S.:

This is not a "eviction" situation. The son was living in his mothers home. Mom sold the home to her daughter and the daughter now wants her brother to leave. There is no landlord tenant relationship established.

Stop over thinking the issue, it is not a landlord problem, so no reason to give advice based on fear. She can kick her brother out of her home any time she chooses.

Post: I Need Help Peacefully Evicting My Brother

Amanda B.Posted
  • Englewood, NJ
  • Posts 26
  • Votes 7
Gotcha. Thank you!

Originally posted by @Kay March:

This is a real estate issue, because it is about eviction. Eviction in most cases must be done according to the requirements of state law, even if the person evicted is a relative living in your house. You cannot just lock someone out, and if you try to get the police to help you lock someone out, the police will not do that. You should use a lawyer to make sure that you follow the law precisely, otherwise the eviction will be invalid.

That is not to say that the answer is simple. Your bother might become more of a threat if you do successfully evict him. I agree with those who say that you should sell the house and move away.

Post: I Need Help Peacefully Evicting My Brother

Amanda B.Posted
  • Englewood, NJ
  • Posts 26
  • Votes 7
This is great advice. Thanks again, Ana.

Originally posted by @Ana Marie B.:

@Amanda B. - To help answer your question, you need to decide and weigh potential outcomes.  Is your relationship with your brother worth salvaging?  If so, the cleanest way to handle this would be to do a quasi-buy out.  Since you now own this house, you and your husband can decide whether giving your brother some money for him to move out is the best option.  He may still resent you, but at least this option provides some hope that you all can once again become friendly in the future.

If maintaining a relationship with your brother is not a priority, then yes, you can technically issue an eviction notice via your housing attorney.  Since your brother has lived in this property for some time, receives mail there (I assume), etc. he has tenant rights.  At least in San Francisco, this is the way things work.  So you must tread carefully. 

Post: I Need Help Peacefully Evicting My Brother

Amanda B.Posted
  • Englewood, NJ
  • Posts 26
  • Votes 7

Sorry, I didn’t pick up on that. Thank you! I’ll discuss with my husband and get back to you. Thanks again!



Originally posted by @Tom Gimer:

@Amanda B.

That was a joke... at the people declaring a title problem where there is no evidence of one.

If you want to send me a copy of the relevant deed -- the one in which your parents obtained title to the property -- I can help put this line of inquiry to rest (if you like). If you don't have that you could also just PM me the property address.