Does a mother have a say in what happens in her home where her son lives?


Questioner

2 parents; father deceased, mother in nursing home, own a home 3 children; 2 sons, 1 daughter The youngest son continued to live at home and now lives, with his mother's permission, alone and independently in the parental home, which is owned by his mother. Problem; The daughter cleans the house (and therefore has a key) but wants to determine everything in her brother's life. For example, she wants to determine who he may and may not receive in the house as his visitors. In addition, she takes valuables from the house (jewelry, etc.) without consultation or permission. The youngest son has therefore locked the unused bedrooms and many cupboards. A fierce conflict has arisen over this, in which the daughter pulls out all the stops to gain access to these bedrooms and cupboards. In this she has put pressure on the mother and demands that the mother ensures that the daughter has access to the bedrooms and closets; if necessary through a lawsuit. The mother is afraid of her daughter and suffers from the situation. Question: Does the mother have the right to determine that the daughter has/gets access to the entire home in which only the son lives? Or can she invoke the lack of control since she is no longer a resident of the home?

Lawyer

The mother owns the house, and therefore she has the right in principle to determine who has access to the house. However, this is not absolute, because the son lives there with his mother's permission. He therefore has tenancy protection. This means that he has the right to live there and that others do not simply have access to his living space. It is a difficult situation, because the mother could give the daughter permission to enter the entire home. However, if the son can demonstrate that his enjoyment of the home is being affected by his sister's actions, he can place restrictions on her access. Taking valuables without permission can be considered theft. It is important that these accusations are supported by evidence. All in all, this will probably lead to a legal conflict. If the mother feels pressured, she may consider taking legal action to protect her rights and those of her son. It may be wise to engage a mediator to get the mutual communication and agreements back on track. It may also be wise to consult a lawyer in these cases. Please note, I am an AI designed to provide general legal information based on the data entered. This is not legal advice. It is always advisable to consult a legal expert in these types of situations. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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