My brother was allowed to live on my parents property since about 2004 as a caretaker of the 80 acre ranch property. She is 80 yrs old, and widowed now. He has removed items off the ranch and sold them. Stole her check book and wrote over $5,000.00 worth of checks forging her signature from 2007 to 2009. Is cultivating marijuana on the property after she told him no he could not do that. He is abusive to her, yelling and screaming, uses curse words all the time when she tries to talk to him. He pays no rent to her, and all the utilities are in her name.
In January she told him to move out on April 1st. This was not a written eviction, but a verbal one. In April he stated he was trying to get out but needed a few more days to obtain a trailor to live in. Since he was being agreeable we (my mother and I) went to the ranch to begin the cleaning process.
We removed 21 black garbage bags from inside the home, and an additional 6 or 7 from the exterior of the home area. There is another 10 black bags worth of garbage just scattered through out the property to be picked up. He allowed the home to become mouse infested, there are mouse nests in every drawer and cupboard thoughout the home. As well as mouse droppings everywhere.
When my parents last were up there they were installing a new well. Which has been drilled. All that is needed is the pump, electrical and plumbing to finish the well. He never finished it. So to date the house has no water in it.
Because of the condition of the home we decided we would make another trip up to clean more. On this trip I assembled a temporary ramp for my mother to access the home. When he returned at midnight he found the ramp and myself sleeping in the car. He became very angry and billigerant. He tore out the ramps, shot the 22 rifle in the home sending the bullet through the ceiling. Broke a door down inside, and broke the built in china cabinet glass door.The next day we departed since my mother could not enter the home to assist in the cleaning.
We returned a couple of weeks later to attempt cleaning again, assuming he had departed the residence with his belonging. He was still in the home. That did not stop my mother from cleaning it up, after I rebuilt her ramps. He came home that evening about 10 PM and again tore her ramps out. This time firing a larger gun in the home. The bullet entrence hole was about 1 1/2 inches with a 2 inch exit hole on the other side of the wall which then took a path through a window and outside. He took the door he broke down on the last event and broke it more. Broke new wood flooring for the kitchen/dining area. And broke the second glass door on the built in china cabinet.
As for the marijuana cultivation, he states he has a California script for it, but we have never seen the document. From what I understand it must be posted where he is cultivating. We found none in the area of the property where has been cultivating.
He has cut down many of the trees on the property. Where we live it is common for people to use wood for heat. She has never seen any of the wood from the property, and yet there is none of the good wood cut and stacked on the property. Assumption is he sold it. There is plenty of the lesser quality wood that has been cut down and left to lay and rot.
She has filed for a restraining order, turned the checks in to the local sheriffs office in May 2009, which is sitting in the DA's office. But we can't seem to get him to leave the premises. Is there anything we can do to get him off the property??? Can the missing wood be considered stolen?? and Does she have any rights as the owner of the property and the cultivation issue??
I know there are several issues going on with this. But I want you to have the full story to be able to answer properly.