This is a long and drawn out situation that some in my family are dealing with currently. My sister and her children are being evicted from my grandparents old house (they died a year ago) and my sister has been making the house payments even though the house is not in her name. My father and his sister have legally gotten a eviction notice naming them landlords to go to an eviction hearing. She never verbally agreed or signed any rental agreement with them. Nor has she paid them any money directly. She basically took over care of the house and payment responsibilities.
Other information: Father has his name on the bank loan. House has had very poor upkeep from the owner (sister has had to repair everything.) Grandparents had no will, but my sister has lived in the house for many years taking care of the house and my grandparents when they were dying.
Anyways just wanted to see some options that she may have before she contacts a lawyer.
2007-01-20 06:50:33 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
She will probably be able to stay in the house but it may take
the help of a lawyer...
2007-01-20 06:58:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
well you said your father had his name on the bank loan then he will be looked at as the landlord. he has every right to evict her for whatever reason he wants unfortunatly unless she has documented papers and documented conversations that she could prove so if you went to court at least maybe she could get some money. the best thing is if nothing has been documented to try to be as nice as possible to work out a solution with the father and maybe receive some type of money back for helping but if nothing has been documented or is provable paper wise no judge will listen cause people can make anything up. as far as eviction, she cannot be evicted until a sheriff orders her out and that still has to be after a court trial of eviction, other than that he cannot do anything until he evicts by court, if he does anything like throws stuff out or turns off utilities, get all proof in writing and pictures and witnesses so that when she does go to court she has a defense that he did an illegal eviction practice.
2007-01-20 07:00:02 · answer #2 · answered by disciple 4 · 0⤊ 0⤋
She needs to sue the estate of the Grandparents and provide any and all cancelled checks and receipts showing that she paid the house payment and repair costs. She should also sue the father in the same suit for repayment of any of the above items. He has the right to evict since the loan is in his name, but she can make it very miserable for him in the process.
2007-01-20 06:56:49 · answer #3 · answered by chuck_junior 7 · 0⤊ 0⤋
She's most likely out of luck. If your father's name is on the deed, he is considered the owner, and he can have her evicted. She has no written agreement of any kind allowing her to stay in the house, so she has really no leg to stand on.
2007-01-20 06:59:15 · answer #4 · answered by melouofs 7 · 0⤊ 0⤋
whose ever name is on the loan is the owner of the house,,,,,your sister will have 30 days from the eviction notice to move....the only other option is your father telling your sister she can stay in the house....otherwise she will need a lawyer....good luck to you all !!!
2007-01-20 07:07:40 · answer #5 · answered by rev. needy 4 · 0⤊ 0⤋
If an occupier has no possession archives, no hire or tenancy contract, no record of having paid lease to a landlord, and no different information of occupancy rights exist, then the occupier is a squatter. then returned, the squatter has rights. Squatters won't be able to be legally evicted from premises and not utilising a courtroom possession order. permit him understand which you like him to depart as he has no longer paid the lease. on account that his call isn't on the contract, you have the skill to call the police and instruct them your hire contract and ask that he (and his sources) are removed from the premises. do no longer exchange the locks till after he has been totally mentioned which you extremely want him to depart. on account which you probably did have an oral contract, you're able to could desire to offer him 30 days be conscious or different criminal notification which you extremely want him to depart, yet on account that he's no longer on your hire contract your landlord could have grounds to evict you over this undertaking as properly. Be very careful with although you prefer to proceed. i could propose you tell him right this moment, in writing with a date on it. save tight archives of this, as others have mentioned you're able to truly could desire to take him to small claims courtroom.
2016-11-25 22:29:20 · answer #6 · answered by ? 4 · 0⤊ 0⤋