It sounds more like you signed your neices lease as a guarantor that the rent would be paid, kind of like being a cosigner on a car loan for someone with bad or nonexistant credit. If that is the case, you are probably stuck. In any event, the best advice is to pay a visit to your family attormey and explain the situation. He will advise you as to your rights and obligations.
Good luck with your situation.
2007-01-09 12:31:06
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answer #1
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answered by exbuilder 7
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I'm not an expert on this, but it sounds as if you rented (leased) this house specifically to let them live in it; with you being responsible for the payments, and them possibly supposed to pay you. Being in your name, you are the responsible party, so if they don't pay you, you're stuck with it. Problem is, though, whereas a straight rental is paid weekly, or monthly, a Lease is something you usually sign on to for much longer period of time, like six months or a year, and if you break the lease there is usually a penalty clause. However, if you want your tenants out badly enough, it might be worth it to you to pay the penalty and relinquish the property back to the owner. Once you do that, anybody in residence has no option but to pack their bags and git. But, if those tenants have done any damage, that lease was in your name, so you have to make good on it.
Another scenario might be that you want your nieces out for whatever reason, but want to continue leasing that property. In this case, I would think what you would need to do in the first place is see the property owners and explain the situation and ask them what the process is. I suspect the procedure would be for you to re-do the lease, excluding them as the "tenants of record", and then giving them notice. I suspect that you didn't make any kind of written contract with your nieces, which is a pity. BUT, again, since the lease is in your name, and there is no sub-contract, I think you should be able to give them just a reasonable time to pack and go. It's mainly going to be up to you, though, to make yourself absolutely clear that this is the way it's gonna be.
The main thing in all of this is that YOU are the holder of this lease, and this is a contract between you and the property owners, which works for you in some ways, and possibly against you in other ways once you introduced a third party. If it was me, of course, before I did anything I'd have a brief chat with a lawyer who specializes in this kind of situation involving property. Most lawyers these days will gladly give you a few brief pointers right over the phone at no charge. because it is in their best interests to court you as a potential client on down the road lol, and when you are helpful to somebody, that somebody is likely to some day recommend your services to others. That's what I'd do.
I hope I may have given you something to chew on. Good luck.
2007-01-06 03:56:51
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answer #2
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answered by Anonymous
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Sounds to me like you are being a bad uncle. What kind of contract do you have with your neices. Are they in school and how easy will it be for them to find another place to live. Seems to me like you are trying to help them out and changed your mind. Unless they have damaged the house or not followed any rules you have layed down or agreements you have made then maybe you need to rethink this. It's sad to see that family members can do this to each other. Hope you don't break any promises just because I know first hand how it feels. Good luck.
2007-01-07 19:29:46
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answer #3
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answered by Karen L 1
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You will need to call your City/Town Landlord and Tenant Department who will guide you through the process. If they haven't paid the rent, have created damage you can sue them in small claims court. You will need an eviction order as well.
If you can't afford it, there are Legal Aid Services who will provide you with more information, should you not seek out a lawyer on your own.
Good luck.
2007-01-06 03:24:00
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answer #4
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answered by D N 6
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this ought to have been addressed only before you final the transaction. A flow out date or the former vendors ought to have been familiar. grew to become into there a date interior the revenues settlement of them shifting? If the former vendors are nonetheless there you should provide them a written date they could ought to go away. this can be the commencing up of the eviction technique if it is going that some distance. it ought to be which you may want to have interaction the amenities of the two genuine assets brokers to unravel this issue. commonly at final you would be presented keys to the domicile you only offered. i desire this has been of a few earnings to you, good success. "combat ON"
2016-11-26 23:52:00
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answer #5
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answered by phegley 4
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They don not have any legal rights to the house. Your name is on it. You will be the one responsible for any damages they cause. You have every right to kick them out today if you want to. There may be a moral issue of not giving them time, but that depends on why you want them out. However courts only recognize legal issues not moral ones.
2007-01-06 03:31:51
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answer #6
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answered by whatdoiknow 3
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u cant just tell them to leave if they r on the lease as well, u can go to the court and file a paper to terminate there residency its about 20.00 in Michigan but i don't know what state u live to give a price. Make sure it is terminate not evict
2007-01-06 03:25:35
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answer #7
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answered by c_schreel 3
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You signed it, not they. Technically you're just acting as their gaurdian. You can kick them out any time you want to kick them out!
2007-01-06 03:18:53
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answer #8
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answered by FaZizzle 7
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