I'm letting some family members stay in my house rent-free and all they have to do is maintain the house and grounds. I treat this as a month-to-month renewal, but now I have terminated the agreement and given more than 45 days written notice. They are refusing to leave because they want the free rent to continue. I want to evict, but I don't know on what grounds other that the fact that I want my house back because it is not being maintained inside or out. This has gone on for about a year and I'm just tired of them leaching off of me and not sticking to the agreement. I just want them out and would rather not have to go to court because this is family. I need someone that has knowledge of landlord/tenant rights to answer this question and if possible, provide some web pages for me to read. Thanks!
2007-03-05 11:08:55 · 13 answers · asked by Straight-Up 3 in Business & Finance ➔ Renting & Real Estate
Well family or no family if this is your home then it's time to put your both feet on the ground and do it legally. In the long run if you don't do this then you'll wind up haveing costly repairs etc. Good luck. In the state where you live at it should have a library where you could go to get Landlord/Tenant rights ask the librarian they are helpfull
2007-03-12 11:37:55 · answer #1 · answered by Anonymous · 0⤊ 0⤋
"I treat this as a month-to-month renewal"
It really doesn't matter how you "treat" it. What matters is how the law in your area views it, and that is probably as caretakers or supers.
You didn't give the location, and the law varies significantly from place to place. There are no universal world laws when it comes to landlords and tenants.
If you were where I am, you would first have to officially terminate their employment and then their tenancy through two specific notices, assuming they were not rent paying tenants before you entered into the chores in exchange for free rent deal.
"You can attempt to just move all their belongings out when they are not there, and change all the locks. "
Oh ... Dear ... God ... Whatever you do ... DO NOT DO THIS. At least once a month I see some idiot who did this get arrested and sued. Your legal fees alone will be astronomical, never mind what you will have to pay in compensation.
2007-03-05 11:36:40 · answer #2 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
Did you and they sign a lease and rental agreement? Did this written agreement stipulate that this was a one-month lease that renewed automatically unless either party notifies the other in writing of non-renewal? Do you also live in this house or do you live elsewhere?
If your written agreement stipulated that certain duties had to be performed by them in lieu of cash rent and if they haven't done those things, then you shouldn't have any trouble following your local laws regarding eviction process. You don't tell us in which state your house is located. The process can be time consuming and the procedure needs to be followed to the letter. You may wish to have the assistance of a lawyer.
Here's an example of one state's process:
http://www.expressevictions.com/california-eviction-laws.php
Have a look at this article entitled "How to evict a relative when you're the landlord"
http://www.associatedcontent.com/article/40108/how_to_evict_a_relative_when_youre.html
2007-03-05 11:33:32 · answer #3 · answered by Kraftee 7 · 0⤊ 0⤋
Laws vary from state to state, but as long as you give them an addecuate notice, and a valid reason, they MUST leave. First of all their lease has has been terminated by you. And as long as it is stated in the contract that you have the right to do so and they signed it they need to get out! second they have not kept the premises in good conditions according to you, and if it's stated in the contract that these are grounds for eviction, and they signed that, then they need to get out! I don't know any specific websites, but you may google "landlord rights" and see what comes up for your state laws regarding evictions...Good luck, and remember that even if this is a month to month renewal you still have rights, IT IS YOUR PROPERTY! (let go of the fact that they are family!!!)
2007-03-05 11:26:57 · answer #4 · answered by jessica g 2 · 0⤊ 0⤋
First I am going to say this is why you should never allow a family member to live in a home you own especially for free. Second you dont want to go to court well your family is leaving you no choice. If you have gave them a 30 day notice to move and they havent it's time to evict them and its going to cost you money. I paid $1500 10 yrs ago ( which you can sue them for later in court). GOOD LUCK
2007-03-05 13:44:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋
As the old saying goes, "You can not have your cake and eat it too" You can attempt to just move all their belongings out when they are not there, and change all the locks. But, you might want to call your local judge's office and make the inquire just to be safe, legally.
I had to go to court and it cost me a couple of hundred time I was done. But I have my home back. There was no other way since the local sheriff's office kept saying they could take me to jail.
So if you truly want your home back do it legally and do not look back. There is no way your going to have a good relationship with these people after you put them out no matter how you do it.
May I note that because mine were paying nothing and nothing was in their name it was easy but VERY TENSE. Mine lasted three years before I got the courage to go the legal court ordered route. How much more are you up for before you take what is your back?
2007-03-05 11:26:43 · answer #6 · answered by Nana 4 · 0⤊ 3⤋
since you have no rental agreement or a lease, both have laws that protect you and your not charging rent i think your only alternative is to see a real estate lawyer. dont deal with family members. there the worse when it comes to business deals. i know because i have had the same problems with them
2007-03-13 08:50:30 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I am afraid unless you are willing to go to Court they are not gonna move. You need to go talk to a Lawyer. Maybe if he simplys writes them telling them they are to evict Immediately as in 7 days, or face Criminal Charges in Court, maybe they will decide to move. They have No right to use you this way, but I am afraid its very common.
2007-03-11 16:57:25 · answer #8 · answered by donna_honeycutt47 6 · 0⤊ 0⤋
If you had a rental agreement they did not live by or owe a large amount of rent ,get a threeday notice "pay or quit".Talk to a property management service about advice.
2007-03-05 11:23:04 · answer #9 · answered by michael O 1 · 0⤊ 0⤋
really depends on what state your property is in ..
State like California, it's a nightmare to be a landlord..so consult with a Real Estate Attorney and they can help evict your tents asap..
2007-03-05 12:54:02 · answer #10 · answered by Anonymous · 0⤊ 0⤋