My fiancé is a lawyer and we've had to evict tenants from one of my rental properties before for non payment. It isn't fun business at all and can be a very lengthy process due to all of the rights most states give to tenants regardless of how much of a deadbeat they are. It took 4 months after the formal eviction process started for us to actually get them removed. I'd suggest having one more good man to man with him and lay out all of the great detail you have here on the forum. I'm sure you've brought it all up to him, but sometimes one last sit down and a calm discussion puts it finally through someone's thick skull. And if you come to the end of your facts then you just have to say if we can't come to an agreement on making this a break even for the trust then I'm going to have to start the process of having you removed. He'll either wise up and get along or be more of a horse's butt than he is. But I'd advise after that discussion formally filing eviction papers. As someone mentioned earlier around injury liability this will give you a little protection against that, but not a lot depending on the situation. I'm big on communication of details, your understanding of both sides of the fence, a compromise (which your offer is supremely fair), and consequences. But I'm also big on no idle consequences. If you say you are going to get tough then follow through and make it happen. At 78 he would be foolish to turn your offer down at the end of the day. But the world is full of all kinds of special folks.
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