Need outside opinion - Page 4

Peaches McPhee · ‎04-19-2010

Mimi, you don't need anyone's opinion, you need to know the law in your town/city. Do some research or consult a lawyer.

-- pro-aging --

Rochester, New York

reiki604 · ‎03-09-2010

So sorry about your problems. Like most people said, you need to speak to a lawyer. Because it is the end of the month you also need to send him a registered letter telling him he needs to be out in 30 days. If he doesn't leave in 30 days, then you can I initiate eviction proceedings against him and that can take time. You need to get started ASAP!

Can your daughter live with you for a few months until this gets resolved because it can and will take some time.

'I refuse to engage in a battle of wits with an unarmed man'.......Unknown

CrazyDaisy · ‎03-20-2010

@missy1 wrote:
Op, I don't think you can move your daughter in, until he leaves. I would recheck this. Your nephew is the legal tenant., even without a lease etc. The agreement should have been put in writing. He has 30 days to leave (notify him in writing). If he doesn't then you give an eviction notice (file this with the courts). Your nephew can delay things and it can take up to 3 plus months to get him out. Get a consultation with an attorney!!

I have to agree, he is the legal tenant. Have the attorney do evict in accordance with the laws in your state/city.

Someday, when scientists discover the center of the Universe....some people will be disappointed it is not them.

missy1 · ‎03-10-2010

@Kachina624 wrote:
Remember the people in California who couldn't get rid of the live-in nanny they'd fired? That situation seemed to go on for months. I wonder if they ever got her out?

The nanny Diane Stretton did leave.

YorkieonmyPillow · ‎01-13-2013

@debc wrote:
@YorkieonmyPillow wrote:
34 and single, and won't get out of the house when little children are involved? This dude needs a reality check.

I'd hire a couple of "movers", pay them well, and he would be out pretty quick.

This situation calls for immediate action.....
.....

You can't do that legally and you will a lot more trouble on your hands if you try.

He probably can't "legally" squat in her house but guess what, he's doing it.

debic · ‎09-02-2010

@YorkieonmyPillow wrote:
@debc wrote:
@YorkieonmyPillow wrote:
34 and single, and won't get out of the house when little children are involved? This dude needs a reality check.

I'd hire a couple of "movers", pay them well, and he would be out pretty quick.

This situation calls for immediate action.....
.....

You can't do that legally and you will a lot more trouble on your hands if you try.
He probably can't "legally" squat in her house but guess what, he's doing it.

.....

She's been taking his rent money for over 2 years so he's not squatting he's a legal tennent.

In my experience trying to get a tennent out can be a nightmare. Once you start legal eviction, the renter stops paying rent and as previous post says, liberates some of you property. We never had this happen but my parents had a family literally destroy the house, they started throwing garbage out the back door, holes in the wall, they almost had to remodel the whole house, and they still had to go through the eviction process.

I'd never rent my home again it's just not worth it.

~~
*Off The Deep End~A very short trip for some!*

ChynnaBlue · ‎05-22-2012

@YorkieonmyPillow wrote:
34 and single, and won't get out of the house when little children are involved? This dude needs a reality check.

I'd hire a couple of "movers", pay them well, and he would be out pretty quick.

This situation calls for immediate action.....

Please do NOT take this advice, OP. You will find yourself in legal trouble if you do this.

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goodstuff · ‎03-09-2010

I hate to tell you this, but if you have had him living in your property for an extended period, you probably have to give him whatever notice the landlord/tenant laws of your state require, and if he refuses to leave, you'll probably have to go through an eviction process to get him out of there.

Live and learn.

Chrystaltree2 · ‎12-08-2014

I won't say that you are "terrible", I will say that you created quite a mess for yourself and it isn't fair for you to place all the blame on your nephew. It was your house and it was up to you to protect your interests. No person, in their right mind would want share a house with your daughter and all those kids. It's would be a total nightmare for all concerned and you know that. No one would do that. You CHOSE to rent the house to your nephew without a lease and below market value and knew full well that a "promise" to repairs etc is as good as the paper it was written on. In your case....no paper, no promise. And you knew that, and apparently you were okay with it until you wanted him out. I understand that you need the property sooner rather than later but he needs time to find a place and to clear out. You should have given him a 30 day notice to vacate and if he didn't leave, you should have started the eviction process. In our state, you are required to give tenants without leases, 30 days notice and if they don't leave within that time, they are subjected to eviction. You created a "monster" because you expected something that just wasn't reasonable and it sounds like you were a bit heavy handed with it. Apparently you didn't take into consideration that you needed his good will to get him out quickly. He can drag this thing out if he wants to but not for long, since he has no lease. The fact that his Dad paid his rent a few times and that he didn't live up to your verbal agreement....well, that falls on you. You should have evicted him long before now. Perhaps his dad can help him relocate. He's going to need money for a new place and he probably doesn't have it on a moment's notice. For future reference; rental property is a business and you should treat it like one. Especially when relatives are your tenants!

Chrystaltree2 · ‎12-08-2014

@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

Huh? If you can put him out with a 3 day notice, that IS an eviction. Haven't you learned anything? Don't go by what you think the Sheriff told you. Get the facts from an attorney or the courts. I'd bet my last dollar that lease or not, you still have to get an eviction order from the courts and wait 30 days before you can evict him. That's the question you need answered from the courts or an attorney. There maybe be no shortage of one bedroom apartments but they aren't free. You know that. If he doesn't have the security deposit and the first month's rent; those apartments might as well be on the moon as far as he's concerned. Think with your head, not with your emotions.