I let my sister live in my vacant house will she got back on her feet. we have no lease agreement, she was to pay $650 a month she is now 2 months behind and i gave her a letter with a witness of the date to vacate which was august 1st. she has not left. do i need to go thought the courts to get her out or can i remove her stuff with out legal recourse from her.please let me now thank you.
2007-08-20 15:22:37 · 8 answers · asked by Keri P 1 in Business & Finance ➔ Renting & Real Estate
Depends on where you live but i would call the police and have them there.
2007-08-20 15:31:04 · answer #1 · answered by Ronko 4 · 0⤊ 0⤋
Technically, you do have a verbal rental agreement. As such, the common laws of your state apply. This usually means a notice to pay rent or quit (7 day notice in Michigan). Then you file it in the county clerks office and they give you a court date and send a letter to your tenant with said court date. You both go to court and you win. File for a writ of restitution and wait for the judge to sign it. Then the court bailiff throws them out.
HOWEVER...Since it is your sister, this could be considered a family matter, not a true landlord/tenant dispute. And even if you throw her out without benefit of the court system, what can she do? Not much. In Michigan she would be entitled to triple the security deposit. Has your sister even given you a security deposit? Triple times zero is still zero!
In short, I think you can just put her stuff to the curb without too much concern. Maybe she asked you to move stuff out while she got a rental truck. Who knows? You would be helping her move!
2007-08-20 16:01:38 · answer #2 · answered by ? 3 · 0⤊ 0⤋
You have to fill for an eviction. You didn't have a WRITTEN lease agreement but you do have a VERBAL one "she was to pay $650 a month". If you remove her things without given her the eviction notice she can sue you for any damages she may incur.
2007-08-20 15:33:26 · answer #3 · answered by Treat429 4 · 0⤊ 0⤋
You have to go through the courts and legally evict her. I had an abuse boyfriend once and he wasn't on the lease, but because I willing let him live there I couldn't kick him out with out officially evicting him. Thats what the cops told me.
2007-08-20 15:32:08 · answer #4 · answered by samikay2683 3 · 0⤊ 0⤋
If someone is in peaceful possession of a property, whether or not there is a building, residential or commercial, behind on rent or a squatter, there are NO circumstances where you can forcibly take possession.
This predates the Declaration of Independence. I know of no jurisdiction where you can get someone out without using the courts. I know of several where you can go to jail for trying, if it is residential.
2007-08-20 16:32:13 · answer #5 · answered by open4one 7 · 0⤊ 0⤋
Rental laws are not US laws, they fall under the State, county and sometimes city you live in. Take a look through the laws and codes for you jurisdiction. If all else fails call the District Attorney or one of the legal help lines in most cities.
2007-08-20 15:45:09 · answer #6 · answered by gimpalomg 7 · 0⤊ 0⤋
You have to go through the courts. You can't simply remove her stuff. In fact, she could have you arrested for trespassing and burglary if you tried. You will need to file an unlawful detainder (eviction) case in your local court.
2007-08-20 15:30:58 · answer #7 · answered by Califrich 6 · 0⤊ 0⤋
I am pretty sure it will depend on what state you live in. They all vary according to the lease/rental laws. Do an online search for rental aggreement laws for your state! Good luck,it is always harder when family is involved!
2007-08-20 15:33:14 · answer #8 · answered by Shelly B 1 · 0⤊ 0⤋