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Contributor
Posts: 55
Registered: ‎06-20-2010

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!

Honored Contributor
Posts: 21,706
Registered: ‎03-09-2010
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.
Trusted Contributor
Posts: 1,605
Registered: ‎09-22-2010

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. 

Esteemed Contributor
Posts: 5,301
Registered: ‎06-15-2015

 

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.

hckynut(john)
Honored Contributor
Posts: 78,297
Registered: ‎03-10-2010

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.

New Mexico☀️Land Of Enchantment
Respected Contributor
Posts: 3,082
Registered: ‎03-14-2010

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.

Honored Contributor
Posts: 20,143
Registered: ‎04-18-2012

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. 

Don't Change Your Authenticity for Approval
Contributor
Posts: 55
Registered: ‎06-20-2010

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

 

Esteemed Contributor
Posts: 6,475
Registered: ‎03-14-2015

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.

Respected Contributor
Posts: 4,206
Registered: ‎08-08-2011

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!