Landlord Question and Answer Forum

I bought a house this year in Kentucky. I have let my daughter, her baby and the babys father move in and reside there without written authorization rent free. The idea was to help them, especially my daughter since a new child presents extra expenses and the previous dwelling was unhealthy to say the least. The boyfriend, father, has his name on the utilities and they both get their mail there. Since, they have had innumerable issues culminating in heated arguments and physical abuse on my daughter by the boyfriend. Last June, she finally called the local sheriff and he was in jail for a few days pending bail. She didnt want him hurting her but didnt also want him to lose his job. He promised hed change, talked her into not pressing charges. The DA and judge werent happy but said if there is any legal infraction, even a ticket, or if the sheriff has to be called again, he will have mandatory 45 days jail time. This is the only thing that I believe has kpt him from beating her up again. Lately, there have been more arguments. Finally he said he had it, packed his stuff put everything in the shed, except his furniture and left. This only after he had cut the TV cord, smashed the computer, and broken the new dressers he had bought. He was gone off and on for several days. Keeps calling her to argue and the day before came back late drunk after she had gone to work. He used to watch the baby on the weekends, but she has not been able to rely on him. She did tell if he damages any property , i.e. the house, stuff that belongs to me, she will call the authorities. So today he came back, goat into it with her, broke her phone - I text her that if she doesnt have a phone in two hours, I will call the sheriff to check on her. I also text that he needs to get his stuff out of the shed. I had no problem with it before, but since he keeps coming back and harassing her, I do now. I guess he pushed her down on the floor, put his feet in her face and used his knuckles on her face giving her a goose egg. He finally gave her his phone and paid to have a replacemeant one sent to her. My questin is this, I need to know since I did allow him to reside there even if only verbal and obviously he did receive his mail there and had utilities in his name, what kind of legal procedure do I need to do? Asking because I am in California, not in Kentucky.

Well it sounds like he's in the process of moving out. If he was refusing to move out I would send an eviction notice and have the daughter place a restraining order on him so he can't enter or be on the premises. However, if he really is moving out, I would just let him know he has 30 days to move his stuff or it will be placed on the curb - this way it may create less of a fight between him and your daughter. <br><br> Honestly, it doesn't sound like your daughter is going to kick him out of the house and her life (as far as she can since he is the father to her baby) yet - hopefully I'm wrong. My guess is that until she hits "rock bottom" he's going to keep coming in and out of the house and you really won't be able to force much action in terms of removing his stuff. The judge and sheriff have a right to be unhappy that charges were dropped - it shows that she is still unwilling or unable to kick him out of her life and I'm sure they see it a lot. I understand a little bit of where you are coming from, but at this point - until she can solidly decide she doesn't want him, you may be an enabling force to your daughter and the man and you also have to ask yourself if you want to do that (it's a very tough decision).

Posted by Eric D, NH on Sunday, July 17, 2011