As a landlord, I leased a guest house to a tenant for a short term of 3 months that ended October 31. Do to financial problems, she moved out about 10 days later. To help her out, I agreed to let her stay up at the main house to give her some more time for her to find another place. This part was verbal. I want her out ASAP but now she is threatening to stay much longer and that it will take me months to get her out.
My question is; is she somehow under the lease even though it expired and she is out? Do I need to evict or do I treat this as a friend that I cannot get rid of, and if so, how do I get rid of her?
2007-11-19 07:50:32 · 5 answers · asked by wmth 1 in Business & Finance ➔ Renting & Real Estate
New development: She said that she saw her attorney friend and that because she was in the guest house for at least 2 months, that establishes her as a permanent residence (or something to that effect), and that I cannot call the police to have her thown out that I would have to start eviction proceedings? Is she right? Thanks.
2007-11-19 13:10:20 · update #1
Sorry, one more thing. She said that it doesn't matter that she's in the main house because it's the same address?
2007-11-19 13:23:25 · update #2
She's only been at the main house for about 10 days if that matters.
2007-11-19 13:47:29 · update #3
You've done a lot to help out by letting her stay. And it looks to me like the lass is looking for a free ride.
Treat her as an unwelcome guest- one with a deadline to get out before she's kicked out.
Since the lease would have expired even if you hadn't let her out from under it, the lease has no bearing.
2007-11-19 08:00:27 · answer #1 · answered by Tigger 7 · 0⤊ 0⤋
First of all---- SHE ISN'T A FRIEND!!!
The important thing is to learn that a tenant is just that, A TENANT. Never help them out, never move them into your home and always have paperwork so you can evict them. She is probably going to need to be evicted. Try offering her some money to leave. Agree to pay her after she has all her stuff out then when its all out tell her to take a hike. This is advice from a landlord of over 20 years. She a thief, just as if she had robbed a bank and doesn't deserve anything. She is stealing from you. If she hasn't been in your main house for 30 days maybe you can call the police and have her removed.
You can also move her stuff out yourself and put it in storage and give her the key. Change the locks, get a guard dog whatever. From now on carefully screen your tenants. Tell the police she threatened you and get a retraining order. Just don't let her stay. Kick her out and deal with the results. This may sound cruel but she deserves it and maybe she will learn to treat people better.
2007-11-19 19:15:51 · answer #2 · answered by sm4125 3 · 0⤊ 0⤋
she is no longer a tenant. your verbal agreement is valid. In order for her to be able to stay at this point, she would have had to be living in your house for more than 30 days (receiving mail and all). If you have a copy of the expired lease, and she is still in your home, you can have the police escort her out. Contact your local police department and let them know as soon as possible so that they can give you the next best course of action.
However, at this point, I don't see how you can't get her out of your home. Your first contact should be the police department though.
2007-11-19 15:56:22 · answer #3 · answered by paperworxny 2 · 1⤊ 0⤋
Your lease is over, but- like many leases- does it convert to month to month afterwards?
If she ever uses the words "moved out" then you can certainly argue against her position that "it's the same address." This is, of course, assuming your lease makes some distinction between the guest house and the main house.
I'd call the police and have her arrested for trespassing.
2007-11-20 08:36:09 · answer #4 · answered by Sagebrush Kid 4 · 0⤊ 0⤋
It seems to me that she is taking advantage of you, and she had no legal argument if she goes to court, you were nice enough to let her stay at your house while she looked for somewhere else to go, IF she is not paying you rent or anything else then you are under no obligation to let her stay there. You have done you part and if nothing else call the police station tell them what is going on and you want her escorted off your property. If you want to save the friendship then you need to just talk to her and BLUNTLY but politely tell her she has to leave, she needs no reason as to why, it is your home, your rules, you have the right to have there who you please or not. Good luck .
2007-11-19 16:00:24 · answer #5 · answered by nascar_cr8zy 4 · 0⤊ 0⤋