If you let a family member live in a house ( rent free) that you own...and then after 10 years want them to get out, but they dont want to cooperate is there an eviction process that you have to do since they have lived there 10 years and its there residence or can you just tell them to leave and they have to go because there is no rent or contract.
2006-12-29 13:15:32 · 11 answers · asked by Alpret 1 in Business & Finance ➔ Renting & Real Estate
You got mostly bad advice here with only a couple of good responses.
Don't follow it (the bad advice) unless you want to be sued, arrested or both. Many people mistakenly believe that just because you own a property that the occupants do not have legal rights. Nothing could be further from the truth.
What you need to do is file for an ejectment action. Some places have slightly different names for it, but it all boils down to the same thing. This person had a legal right to be there. It was with your full knowledge and consent. The fact that there was no rent or contract works neither for you nor against you. Now you don't want them there, but they don't want to leave.
Your only option is to file for an ejectment and go through the court. The Judge will hear the matter and decide on a time frame for the person to leave ... and if they don't leave on or before that date, you will be able to legally lock them out.
2006-12-30 12:35:09 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
Evicting a non-cooperative tenant, especially someone related to you, is one of the worst scenario's to be in.
Other than the legal recourse, which depends from region to region, you could try an alternative. Tell them that, the support beams in the premise seems to have developed some cracks and there is a possibility of walls or maybe the entire structure collapsing. Add that you would like to conduct the total repair job on all the wall and the support, at your cost. And that they will have temporarily shift to some hotel, and that they can come back and stay once the repairs have completed. Just to build a scare, till them that they can do the repairs on their own (mention a high figure on the repairs) or they could sign a letter stating that you would not be responsible for any loss on property or human life, in case of a collapse. Chances are, the freemongers will vacate the premises, dump all their belongings, once you have full posssession, don't make the mistake of leasing a premises without a legal agreement, even if it's your own father.
2006-12-29 15:01:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Since that depends on your state laws (which in some states like here it says a person can stay as long as they want, you can't evict them if they are doing chores).
Your best bet would be to put a rental contract together for them to pay rent (include all the intracacies in that contract, make it difficult for them to adhere to), put the figure of rent in there you know they can't afford, also say they have to pay their own electric which is (maybe 1/4) high, that they could pay for part of the water and garbage removal. Then send that by certified mail to them at your address. When the postman comes and they aren't in tell them to come back another day when they are home that you can't sign for them. And when the postman arrives and they are home then call them to the door to sign for the letter....See what they do. At that point you were being a landlord, and they can't live free any longer. Start cleaning up the house as though you were going to rent out their room, and even have people come see the room while they are around (let them know someone is there to look at the room). That should move them off their duff.
2006-12-29 13:23:56 · answer #3 · answered by sophieb 7 · 0⤊ 2⤋
In most jurisdictions, availing yourself of "self help" to evict occupants of real property is against the law and can subject you to possible civil and well as criminal penalties. While you have no written lease, you have an oral agreement that in return for making payments your family member could remain in your home. Also, consider that the only people who can be evicted are tenants. People who live in a home with family members are not usually considered tenants. They can be asked to leave or even thrown out by the other family members but they cannot be sued in court for eviction unless the owner of the home can prove that there was a landlord/tenant relationship. Consult an Attorney specializing in Landlord/Tenant Law regarding the commencement of an action to remove him/her from the property.
2006-12-29 14:45:03 · answer #4 · answered by JFAD 5 · 0⤊ 0⤋
If you are in NYC, you have to go to landlord tenant court and start eviction proceedings. That can take 6 months to a year. One of the things that are common in NYC because it is so pro-tenant is offer to pay them to move out like 2-5 grand. Sounds stupid, but if you add in lawyer costs, time, and them trashing your house and the cost to fix it, that might be a bargain.
2006-12-29 17:41:09 · answer #5 · answered by Kenneth C 6 · 0⤊ 0⤋
My 22 yrs old Step-Daughter has been living with me and my Husband her father for a month now and she never helps me out in the House, no Cleaning no hanging out her clothes to dry and she cannot even cook and her Mother has custody of her 1 year old Deaf Son whom she wants nothing to do with.. I have had it with this Little Girl and that is exactly what she is, she will sit and argue with me and call me names while her father just sits there and this is the reason why her father and mother were Divorced the 1st time and again with her second Husband and O am getting ready to DIVORCE him for the same reason,,Any SUGGESTIONS would be SO GREATLY APPRECIATED, PLEASE HELP ME OR I AM GOING TO GO TO JAIL FOR DOING SOMETHING I KNOW I WILL REGRET!!
2014-09-19 05:08:44 · answer #6 · answered by Sheila Burnett 1 · 0⤊ 0⤋
As long as you hold the title to the house it's your property. The eviction process varies by state but you may want to check with the local sheriffs dept. on obtaining an eviction.
2006-12-29 13:20:12 · answer #7 · answered by QandA 3 · 0⤊ 2⤋
Give them a letter saying they are being evicted and if they don't leave then call the police!
2006-12-29 14:15:41 · answer #8 · answered by Trapped in a Box 6 · 0⤊ 2⤋
you have legal ownership to the property-they dont. So call your local sherriffs department, explain the situation, and ask that an officer be dispatched to "facillitate the situation"
2006-12-29 13:18:50 · answer #9 · answered by Anonymous · 1⤊ 1⤋
start to slowly but more and more frequently leave your terds in thier fridge
also let them catch you rubbing your bum sweat all over thier clothes.
hiss at them like you are a cat whenever they try to talk to you.
soon they will get the picture
GET the **** out
2006-12-29 13:27:38 · answer #10 · answered by shutup 1 · 2⤊ 5⤋