Ask Officer Michelle – Question #307

Posted by lovekluka

Hello Officer Michelle,

My friend has a 26 year old son that will not move out of the house and does not pay for anything (she is even paying for his car).  He has been in and out of jail and she is scared to approach him with the subject because he gets angry and violent.  Her husband doesn’t want to get their son mad and gives into his violent demands.  They had to call the authorities about a week ago because he pulled a knife on one of their other sons that was visiting.  They didn’t press charges because they were scared to start anything and they weren’t sure if his parole was up.
Is there anything that I can advise her that she could do without the consequence of anyone getting hurt?

Thank You so much.
Love K.

Dear lovekluka,

This is a difficult situation that amounts to your friends being held hostage in their own home. There are legal steps that need to be taken in order to end this, but your friends will also need to be strong and think of their own well-being too.  It sounds like they may be putting their fears for their son (you said they weren’t sure if his parole was up) ahead of their needs.

I recently answered a similar question in this posting: http://blog.sacpd.org/?p=1239 which laid out the steps toward a solution. 

According to the Human Rights/Fair Housing Commission at the landlord/tenant line (916) 444-0178, they need to give their son a 60-day written notice for him to leave (if he’s been living with them longer than one year).  Information and forms can be found at their website: http://www.hrfh.org/page/page/4459221.htm

According to HR/FH, if, after being served, 60 days is up and he refuses to leave, the unlawful detainer process can start.  Advisory clinics for this are held at the Carol Miller Justice Center at 301 Bicentennial Circle.  See this website for more information:  http://www.saccourt.ca.gov/ud/resources.aspx

I strongly recommend they contact HR/FH and attend the workshop.  If, at any time in the process, they feel an immediate threat of any kind, they need to call 911.

Thank you for writing.

Officer Michelle

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