I recently put my home up for sale,and have a buyer ,but my problem is one of my family members has been staying there rent free for a year,the pg&e is in her name,but the water is still in my name,I have given her at least a 3 month notice to move,now she has about 20 days to move,is there any way she can stop the house from selling?
2006-09-18 02:14:56 · 9 answers · asked by im2merr 1 in Business & Finance ➔ Renting & Real Estate
Your family member depending on your state's Landlord tenant act is considered a tenant with tenant rights to the property. His tenancy is called tenant in possession holding over without permission. As such your tenant laws will govern as to the method you must use to evict this family member. Since you didn't provide the name of the state I can't provide you with the link so you'll have to research it yourself. Type on your search bar the name of your state and the words Landlord Tenant Act it should take you to the laws in your state regarding how to get rid of your family member.
Buena Suerte.
2006-09-18 02:34:34 · answer #1 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Geez.....nice family. Do you have anything in writing regarding your agreement with this family member? What was the spoken agreement? I can't imagine any legal basis for her to prevent the sale of the house other than you need to figure out a way to get her physically out of there, unless you have a formal agreement with her that says she can stay as long as she wants...and if she is going to refuse to leave, then I suppose you need to involve an authority of some type. Isn't family wonderful?
2006-09-18 02:24:54 · answer #2 · answered by bradley L 3 · 0⤊ 0⤋
Depends on your state's laws. You usually only can acquire land by "adverse possession," if you are there in the open and "notorious" (e.g.. so anyone can see it.) She can also try possession under a claim of right (e.g., as if she had reason to believe she had the right to be there and keep the property, perhaps because she was watching the property for you, and you told her, "I want you there and if you look out for the place, this land will be yours").
2006-09-18 02:24:55 · answer #3 · answered by Katyana 4 · 0⤊ 0⤋
You should check w/ your sheriff though. If you DID have to evict her, you'd want it done right. This could interfere w/ the sale. Evictions are a tricky thing, and they've been used to harm honest folks many times.
2006-09-18 02:23:29 · answer #4 · answered by chrisbgsu 2 · 0⤊ 0⤋
get an eviction notice, (3 day notice) if they still don't move, call the police. It's you'r house!! It doesn't matter if the PGE is in her name!!
2006-09-18 02:24:24 · answer #5 · answered by alfonso 5 · 0⤊ 0⤋
no she can't do any thing,the house and title is in your name and not hers.as for the utilities,that is her problem...u want her out turn the water off...since she lives there for free,again she can not do anything. it is time for her to hit the road good luck...
2006-09-18 02:28:07 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I doubt it. It's your house. American law does not recognize squatter's rights, last I checked.
2006-09-18 02:17:01 · answer #7 · answered by *babydoll* 6 · 0⤊ 0⤋
sounds like you may have to physically move her out.. furniture and all... it's your house.
2006-09-18 02:17:22 · answer #8 · answered by tampico 6 · 0⤊ 0⤋
nolo.com
or
nolopress.com
2006-09-18 02:23:23 · answer #9 · answered by ? 5 · 1⤊ 0⤋