Need outside opinion - Page 5

Sooner · ‎03-10-2010

I'd go over and tell the bum you'll give him a couple of hundred dollars (or more) toward a downpayment and tell him he has a week to be out. Hire a mover if you have to. If he gets horsey tell him you have more money for a lawyer than he does and you aren't gonna be nice if he tries to sue you. Put the fear in him if needed.

Whatever it costs to move the bum out will be less than if you have to go the legal route.

Sooner · ‎03-10-2010

Oh and whatever it costs you--consider it an educational expense!

debic · ‎09-02-2010

@Sooner wrote:
Oh and whatever it costs you--consider it an educational expense!

....

And a hard one at that.

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

missy1 · ‎03-10-2010

I will state again, the op needs to have a consult with an attorney. The sheriff, the courts, etc. can't give legal advice.

I hope the op by now has prepared a letter to give to nephew on July 31, that he has 30 days to move. I would probably have it certified, hand delivered by someone else (for proof) or another method. He may say he didn't get it.

If the op doesn't follow the proper legal procedures, this could be a really bad outcome.

Be prepared your daughter /famiy might be moving in with you. The nephew is not responsible for your daughter's issues. February 2015 was the time for you to give the 30 day notice letter, to leave.

Also, you need to have a contract or something in writing when your daughter moves in.

CAMOGIRL · ‎09-14-2010

I would seriously tell him when you want him out.

It does not matter who he is - he agreed to update and PAY rent. Neither of which it sounds he is doing a very good job of. Seriously, you must be thinking the same thing or you would not be asking... Do what you feel is right, but sounds to me like he is not being a very good tenant!!

-Texas Hill Country-

riley1 · ‎03-10-2010

You need to contact a lawyer ASAP. Verbally giving the renter notice does not mean he will move out. It's a he said/she said situation. And, you have no lease detailing anything. Your lawyer will explain your rights and start eviction process. This is not a fast process it might take 30 days or more. yes, his credit report will reflect this, however, that is his problem not yours. After all, he is an adult. If you can, take pictures of the place before/after. You probably should not have verbal contact with him - any contact should be sent registered mail, return receipt requested. Although I would put this in the lawyers hands totally. My suggestion for your next renter us to have a lease drawn up from the start. This is a good lesson learned - don't do business with family or friends.

occasionalrain · ‎03-10-2010

You need to Google the landlord/tenant laws in your state, county, and local community. That he has lived there 2 years often extends the length of time you have to give him to vacate is 90 days not 30 days. You need to give him a notice in writing and then if he hasn't left in the legal length of time he has to move, you can file for eviction which in my state is done with the magistrate and involves a fee. A date for a hearing will be set and both you and he will receive a letter as to when and where that will be. This could take another couple of weeks, or longer, depending on the number of cases being scheduled.

At the hearing he may be given an additional 30 days to vacate. If after that time he is still there, you will need to file for possession, another fee to pay. If the date for the possession arrives and he is not gone, you need to get the sherif to physically remove him paying an additional fee.

This could have been avoided if you had been a bit more considerate of him and his situation. Where exactly did you expect him to go in just three days? How did you expect him to rent an apartment in just three days? Who would rent to someone with no job and poor credit?

You have painted a negative picture of this man, probably justified, but I have to wonder how your daughter and her husband became "suddenly homeless". I can't think they just woke up one day and their home had disappeared. So unless they had a fire and no insurance, which is irresponsible, or they were evicted or foreclosed which would have given them plenty of notice, they needed to find a place for their four children to live. They are no better than your nephew, maybe worse, your nephew didn't bring four children into the world without the where with all to provide for them.

Suziepeach · ‎03-10-2010

No reason to be so short with the OP.. she was only asking for advice, why be so nasty towards her?

OP, I am so sorry, I hope you get everything all worked out.

Go VOLS
Rocky Top you'll always be home sweet home to me.. Good ole Rocky Top, Rocky Top Tennessee... Rocky Top Tennessee

occasionalrain · ‎03-10-2010

As to nasty, aspersions have been cast upon the nephew while the daughter/husband have been given a pass. Unfair.

ScarletDove · ‎07-11-2010

I learned my lesson the hard way, trying to be a caring mother to my daughter. Now you are going to learn the same lesson, written agreement for anything loaned, rented or whatever when there is a money or agreement exchange.

Hold him to the time frame he stated he needed to vacate and just have your daughter move in. And I hope you will do the same kind of written agreement with your daughter, don't get yourself in another bind over a house that belongs to you.

This fellow is 34 years old and perfectly able to take care of himself, so stand firm on the couple days-week and tell him when the daughter will move in, meanwhile set up a contract with your daughter and son-in-law. Considering they are "suddenly homeless", you must do this for your own well being and financial life.