topic Re: Need outside opinion in Among Friends

Need outside opinion

Kelseys Mimi — Tue, 28 Jul 2015 21:23:07 GMT

We have a entail property, nice little 3 berm 1 bath brick ranch. My nephew is 34 and single, we agreed to rent to him super cheep, 350.00 a month in exchange for him updating it while there, we agreed to 2 years, his 2 years was up in February 2015. He was late often and all he did to update was paint. We told him he could stay longer until it sold with the understanding he would have to vacate quickly at any time, he said he only needed 2 day notice. Well my daughter, her husband and 4 children became homeless suddenly, so I told him yesterday he needed to be out by Saturday so my daughter can move in, but he can stay on if needed with her family if he needed a few extra days, well now he is saying no he can't be out and trying to say I cannot move my daughters family in. There is no lease, he never paid a deposit and we are talking about four kids 12, 9, 7, and 3 that have no where else to go! I understand it is short notice but he agreed to that, we never expected this! My family thinks I am terrible! But he is a single guy who could get a one bedroom apartment anywhere! He has terrible credit and no job, I was trying to give him a break but in 2 years nothing changed, hid dad paid his rent several times!

Re: Need outside opinion

AuntG — Tue, 28 Jul 2015 21:35:33 GMT

He needs to make some other living arrangements. I'd give him a week. Being that there is no lease and you've basically given him a free ride for two years, it's time he goes.

Re: Need outside opinion

Shaunac — Tue, 28 Jul 2015 21:36:43 GMT

Well, if you didn't specify, in writing, what "updating" the property entailed, then indeed, he did update it by painting it.

This is why one should never rent to relatives. Bad idea, all the way around.

Re: Need outside opinion

hckynutjohn — Tue, 28 Jul 2015 21:39:38 GMT

No lease? Why not?

States vary on what a landlord can do. From what I have seen on TV courts, if there is no lease it many times goes to a 30 day lease.

If it were me? I would find out what I could do, legally. If it allowed me to, I would start moving his stuff out. Would make sure he knew about it, and change the locks.

Now, if all of the above is legal. You may have to check with an attorney and see what the laws are in your state before you do anything.

Don't care who it is, including your daughter! Always have a written lease and make sure both party's sign and date it. Make sure every detail is in it even if you have to have it written by an attorney, or Legal Aid.

Re: Need outside opinion

Kachina624 — Tue, 28 Jul 2015 21:46:03 GMT

Even if he is a relative, you have to abide by your state and local rental rules for landlords which usually include giving a renter (or owner) 30 days notice. It's a big mistake to rent to anyone without a signed lease or rental agreement that spells out all you've agreed on verbally. I just hope you're able to get rid of this guy in 30 days; he could make things very difficult for you.

Re: Need outside opinion

Scooby Doo — Tue, 28 Jul 2015 21:50:05 GMT

If his rent is paid current, you can't kick him out. I've seen this scenario on Judge Judy several times. You'd get a lecture as to why nothing was in writing, and pictures before and after as proof that updating was done. It's a he said, she said situation. I think you will need to start the eviction process according to the law in your area.

Re: Need outside opinion

jaxs mom — Tue, 28 Jul 2015 21:54:26 GMT

Serve him with a notice to vacate based on local law ( probably 30 days). Be prepared to serve him with an eviction notice if he doesn't move out on time.

Re: Need outside opinion

Kelseys Mimi — Tue, 28 Jul 2015 22:04:34 GMT

His rent is paid thru Friday July 31, I gave him 3 day notice to vacate, sheriff sais I can't put him out, with out legally evicting him which may take 30 days but as the property owner I can legally move daughter in on August 1, if I have to evict him it will show up on his credit report and will be hard for him to ever rent again. There are plenty one bedroom apts available here. Cheep too, but require deposit

Re: Need outside opinion

Plaid Pants2 — Tue, 28 Jul 2015 22:14:30 GMT

Why are you trying to make it easy for this looser? Why are you feeling sorry for him? You are making excuses for him. I mean, seriously, would you put up with this behavior from a tennant that was not related to you? So why put up with it because he is?

So what if an eviction will ruin his credit rating, and make it hard for him to get another place. That is not your problem. That is HIS problem.

Your biggest mistake was to not get EVERYTHING in writting, with ALL the details spelled out.

My advice? Get a lawyer, and start the eviction process.

Re: Need outside opinion

itsmagic — Tue, 28 Jul 2015 22:14:46 GMT

If the sheriff says you can move your daughter and family in legally while he is still living there then maybe your nephew as a single guy will get sick of having to share!

Re: Need outside opinion

Kelseys Mimi — Tue, 28 Jul 2015 22:26:40 GMT

I do feel bad about the short notice, I know I should have put every thing in writing even his agreement to vacate on two day notice, but I am stupid and foolish in always hoping people, especially family will appreciate what you have done for them and understand children are the main concern here... I feel really stupid! His own father has a big house but doesn't want him to mooch off him anymore but he is being really nasty and defensive about his son and doesn't even consider my daughter and her kids! I guess I just wanted reassurance that my main consideration, the kids was the most important in most people's eyes

Re: Need outside opinion

Mustang Shar — Tue, 28 Jul 2015 22:35:50 GMT

if his credit is bad, he may have a tough time getting an apartment. He had it made living there.

Re: Need outside opinion

ChynnaBlue — Tue, 28 Jul 2015 22:39:04 GMT

@Kelseys Mimi wrote:
His rent is paid thru Friday July 31, I gave him 3 day notice to vacate, sheriff sais I can't put him out, with out legally evicting him which may take 30 days but as the property owner I can legally move daughter in on August 1, if I have to evict him it will show up on his credit report and will be hard for him to ever rent again. There are plenty one bedroom apts available here. Cheep too, but require deposit

Be careful moving small children into that environment. This guy sounds like he's got nothing to lose and may be resentful.

Re: Need outside opinion

Plaid Pants2 — Tue, 28 Jul 2015 23:07:37 GMT

@Mustang Shar wrote:
if his credit is bad, he may have a tough time getting an apartment. He had it made living there.

RIght. He has no incentive to leave. He is going to have to be forced out, whether he wants to go or not.

It speaks volumes when his own father does not want him mooching off of him. That speaks loudly as to his character.

Re: Need outside opinion

Vickiv — Tue, 28 Jul 2015 23:34:26 GMT

I had a friend this happened to. She let her son rent the family house cheap. He had to fix it up which he never did. My friend wanted to put her grand daughter in house with two children she was going through a messy divorce. Son paid no rent at the end. He had no lease was on drugs. She had to get police to get him out. They could because there was no lease. What a mess but he got out. Trashed the house. No lease you do have the power to get him out.

Re: Need outside opinion

Kalli — Wed, 29 Jul 2015 01:08:16 GMT

Residential rentals can be messy. As you've already read, you have to do this legally. It will probably take longer than you think.

The law seems to be on the side of the person renting and not the owner. The last folks we "evicted" stole over $2000 of furniture. Guy was arrested and released - we were never contacted by State Police. Thanks for nothing.

Anyway, I wish you luck.

Re: Need outside opinion

jaxs mom — Wed, 29 Jul 2015 00:17:02 GMT

@Kelseys Mimi wrote:
I do feel bad about the short notice, I know I should have put every thing in writing even his agreement to vacate on two day notice, but I am stupid and foolish in always hoping people, especially family will appreciate what you have done for them and understand children are the main concern here... I feel really stupid! His own father has a big house but doesn't want him to mooch off him anymore but he is being really nasty and defensive about his son and doesn't even consider my daughter and her kids! I guess I just wanted reassurance that my main consideration, the kids was the most important in most people's eyes

You aren't stupid. Local law probably doesn't allow for 2 day notice to move anyway. You can't just put whatever you want in a lease, local law still applies even without a rental agreement. Even if you had a written agreement there is no guarentee he'd have followed though with what it said. Since he's a relative can you get his famlly involved?

Re: Need outside opinion

jaxs mom — Wed, 29 Jul 2015 00:17:43 GMT

@ChynnaBlue wrote:
@Kelseys Mimi wrote:
His rent is paid thru Friday July 31, I gave him 3 day notice to vacate, sheriff sais I can't put him out, with out legally evicting him which may take 30 days but as the property owner I can legally move daughter in on August 1, if I have to evict him it will show up on his credit report and will be hard for him to ever rent again. There are plenty one bedroom apts available here. Cheep too, but require deposit

Be careful moving small children into that environment. This guy sounds like he's got nothing to lose and may be resentful.

I agree, I would not move my daughter and grandchildren in with this guy.

Re: Need outside opinion

Abrowneyegirl — Wed, 29 Jul 2015 01:52:32 GMT

You needed an attorney BEFORE you created this mess, but that boat has sailed. Unfortunately the law is on the side of the tenant.

You need an attorney tomorrow to start the process of getting this free-loader out!

Re: Need outside opinion

Drythe — Wed, 29 Jul 2015 02:01:39 GMT

Sadly, sometimes it seems no good deed goes unpunished.

Hope this works out quickly for you.

You can file it away for future reference as a lesson learned.