I Need Help Peacefully Evicting My Brother

I Need Help Peacefully Evicting My Brother

Englewood, NJ · Member since 2018 · 26 posts · 7 votes

Please forgive the lengthiness of this post.

My situation isn’t unique, but there are one or two factors that make this situation, in my eyes, impossible.

My father passed three years ago. My husband and I decided to move into the house with my mother and two brothers (31 and 21 years old at the time), because my mother had impossible financial responsibilities and would ultimately lose her house.

My husband had always gotten along with all of my family members. After my father’s death, my mother wanted my 31-year old brother to contribute financially (he paid no rent, nothing toward utilities, nada). My husband and I assumed all responsibilities—mortgage, utilities, food, etc. Before this point, we had come together and decided to do so, the plan being to eventually buy the house, since we were already putting thousands of dollars into staying/living there already. My older brother refused to contribute anything. He eventually moved out a year later. He is not the issue right now.. just providing context.

My husband and I have always had a decent relationship with my 21-year old brother—despite the fact that he wasn’t working, smoked weed on the property (which we have since bought), was at times belligerent, etc. This all changed December 2016 when my husband had a convo with him about saving up money to eventually move out. I was 5-mos pregnant with our first child, and not only did we think that it would be beneficial for my brother to move out (he has never been to college, out on his own, kept a steady job, etc.), but we didn’t want our child exposed to his lifestyle. After said conversation (which was related in a calm, kind, and loving way), my 21-year old brother stopped speaking with us. The relationship has never been the same (over a year later).

In the past three years he worked for only ONE SUMMER—I reiterate that he never payed anything, smoked weed on the property, etc. My mom agreed to let him use her car so that he could make money Uber-ing. My husband and I Iet him use our EZPass. He never even gave us back the money that Uber reimbursed him for tolls (hundreds of dollars). He finally got a good job this past September, but unfortunately had no way to get there. My husband and I decided to buy him a used car to help him get back and forth, and my mother put him on her insurance.

We have spoken to him multiple times about SAVING MONEY to “eventually move out.” He has next to no bills—no car note, no rent, no electric, no water. He really doesn’t understand that we are supporting him—taking care of him. In the past months he has worsened in temperament and action. He has clear anger management problems. It has come to the point where I can’t even talk to him, because he curses us out, is disrespectful, brings weed around my 9-month old son, etc.

He has not shown us any good faith toward eventually moving out. He takes off from work... a lot, won’t work overtime because it’s “too cold.” We haven’t asked for rent, contribution of any kind.

The problem is.. he grew up in this house. He doesn't see that we could have easily helped my mother handle her affairs after my dad passed away and had her move in with us. We considered the whole family in making this decision. He sees this house as HIS house. He is extremely entitled and thinks he is owed everything. It’s always someone else’s fault. It’s almost as if he doesn’t realize that WE own the house now, we’ve been extremely lenient and kind for THREE years.

I don’t know what to do or where to turn. My mother has no idea how to handle this situation. My son is getting bigger and starting to understand more. I don’t want him repeating ‘f-bombs’ that he hears loudly shouted around the house, I don’t want him to be able to smell weed passing him everyday, and honestly.... my husband and I spent our newlywed year, I spent my whole pregnancy... in this extremely stressful situation. My husband is very patient (he actually has helped me with patience concerning my family), but we’ve reached the end of our rope.

Of course selling the house and moving is an option (a good one that we had considered for the past three years, having had so many issues with my siblings). However, it’s not the best financial option for us (especially having invested so much money in the house already—literally hundreds of thousands of dollars). Also, we already sold our home three years ago and sacrificed so much just so my mother and brothers wouldn’t be on the street. Moving here, inheriting debt, and eventually buying this house has never been beneficial to us in any way.

I don’t want this to escalate to anything physical or violent. I want peace and sanity. Any words of wisdom would be greatly appreciated.

Thank you!

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Investor · Independence, MO · Member since 2016 · 89 posts · 70 votes
8y
You are what’s called an enabler. He has more than enough time to get his crap together and still refuses to do so. Give him a 30 day notice to vacate and follow through with it. He will then be forced to get his crap together or not it’s all on him. The same thing happened with my aunt and ultimately led to a divorce for her so please don’t let him ruin your lives as well.
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  • Waco, TX · Member since 2018 · 30 posts · 14 votes
    7y

    Assist him with creating a logical plan and sticking to it. As a social worker in my day job, you see cases like this where the family member was left out of house and home with no family support system. Things can get hairy pretty quickly, particularly when drugs are involved. Does he have any friends he can move in with? I am sure he has some buddies he smokes weed with throughout the week, and I am sure at least one of them would be okay with a long term house guest. He needs a roommate, as he is likely not prepared for the responsibilities of adulthood and fully living on his own.

  • Englewood, NJ · Member since 2018 · 26 posts · 7 votes
    7y
    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. 

  • Member since 2016 · 13k+ posts · 12k+ votes
    7y

    @Amanda B.

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

  • Real Estate Broker · Los Angeles, CA · Member since 2017 · 655 posts · 293 votes
    7y

    Friends and family will often push limits - most of the time they can. Make a plan and set a deadline and make sure he understands that he is responsible for that outcome, but there are no extensions. 

    Be prepared to take action

  • Englewood, NJ · Member since 2018 · 26 posts · 7 votes
    7y
    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.  

  • Member since 2019 · 1 post · 0 votes
    7y

    Hey if you needed any legal advice please be free to visit https://joplinlawyers.com

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