PDA

View Full Version : How long do you stay somewhere before you are considered a resident?



mcreppel
Dec 28, 2010, 07:19 AM
I let my friend stay with me for a month before I asked her to leave. The police says that she has established residency and they can not kick her out. What is the time line before they consider a house guest a resident. It just seems to be a month would not consider you as a tenant in my home when you don't pay anything.

smoothy
Dec 28, 2010, 07:25 AM
It varies. What state are you asking about?

You can still kick them out even if they have established a residency... only its called Eviction and you would have to follow the procedures for it. I'd also take them to small claims court and make them pay half the costs while they were there. And make their life as miserable as you can until they leave. Then maybe they would leave on their own. But since you are asking the question, you know you might not simply be able to throw their stuff outside the door and change the locks. But no law says you HAVE to be a gracious host until then. I would anoy them so much they would WANT to leave. Of course without violating the law or getting yourself in trouble.

mcreppel
Dec 28, 2010, 07:39 AM
I live in tn. I called the cops last night because once again she was drunk and taking tylenol 4 with codine and being extremely disrespectful. She goes mine and my kids rooms wakes them up and is driving us crazy. The police said she had established residency their which is crazy she has only been there 4wks yesterday. I was not asking her to pay any rent and we would see where it went after a month. The month is up I want her gone. Now I have to go get a detainer warrant which cost over $100 just to start the eviction process. She is driving me and my kids crazy. I just don't think she should be able to do this. Can I now make her start paying until the eviction process goes through?

smoothy
Dec 28, 2010, 07:46 AM
Get the eviction process underway... serve her notice she owes half the rent and utilities... and you want the money NOW. And file in small claims court against her... after all its going to be hard to prove a verbal agreement and its going to be assumed that rent and utilities are shared. Its extra aggrivation... but it will at least minimise her profiting on taking advantage of you.

This isn't your only thread on this topic is it.. Before I go looking.

You don't HAVE to be a gracious host... being drunk and stoned in front of your kids in your house should be enough reason for the police to take action.

I would be the most annoying room mate the world ever saw for the next month. YOu might not be able to throw her stuff out the door... but she has no right to be treated like she's staying at the Ritz Carlton.

smoothy
Dec 28, 2010, 07:48 AM
You do have two threads on this topic...

The other is this one... I thought iit sounded very familiar.

http://www.askmehelpdesk.com/real-estate-law/want-lady-out-house-she-drinks-every-single-night-around-kids-538021.html

Two threads will only confuse people and make a clear answer harder to get.

mcreppel
Dec 28, 2010, 08:08 AM
Correct I do have two threads. So even if it was a verbal agreement she want remember it because she was drunk. I am just digusted I have to live with her and theat me and my kids have to put up with this. What if she robs me blind while I am at work

smoothy
Dec 28, 2010, 08:27 AM
It would be your word against hers... and it isn't normal expectation to have a place to live free of any charge. The burden of proof otherwise would be on her.

About ripping you off? Honestly... because you are going to be walking a very fine line I'd really hope someone intimately familiar with Tennesse will answer.

Get locks and put them on the other rooms. You can do that cheaply without causing permanent damage.

I know what my gut tells me to do... but I'm not sure how legal it would be to do. And that would be toss her out of the bedroom and make her sleep on the couch and give the room back to your child and put a lock on it as well. She is still in the residence, you wouldn't be wrongfully evicting them " I THINK" and will be a lot easier to annoy her so bad she will WANT leave on her own. BUT I don't know how that from a legal perspective in your state.

Get the eviction underway ASAP... I would take pictures of everything you own and inventory them (keep that someplace other than your residence)... then IF she takes anything, then you can prove they existed for the police report.

Unfortunately as you have learned, this is the downside of letting anyone into your home.

I know money is likely tight for you, but you HAVE to be careful how you do this... I have a friend a few years ago who rented a room to someone that ended up dealing drugs... he tried to simply put him out... and after the police got involved my friend (under court order) had to move out of his own house (he owned the house, not rented it) until he could have the guy evicted.

mcreppel
Dec 28, 2010, 08:37 AM
Thank you so much for the advice. I am going today to get the detainer warrant and also tell them that she was expected to pay half water and nes since I was not making her pay anything to rent the room. This helps a lot. Again thanks so much!

excon
Dec 29, 2010, 06:14 AM
What is the time line before they consider a house guest a resident. Hello m:

It's not a matter of how long.. It's a matter of how well ensconced your guest/tenant is... If they LOOK like they're LIVING there, then they're a tenant.. If they pay a part of a utility bill, they're tenants. If you have ANY arrangements AT ALL, about payment, they're tenants...

excon

pamsaga
May 26, 2012, 02:08 PM
My husband and I purchased a second home within our HOA for the sole purpose of a guest house. We have two older children (and their families) that live in GA. And parents out of the country. We wanted a place for them when they visit (also friends at times) so they would have their own space and my son wouldn't have to give his room up every time. Our HOA is maxed out on their rental unit limit, so when we purchased the place they were made well aware of the fact that we did NOT intend to use it as a rental.
I have a dear friend that had cancer and is going through radiation treatments, once those are complete she is moving back to Argentina (which will only take about 3 weeks). I let her move into the unit while going through treatment so I could help her and she could get her furniture, car, etc. sold prior to leaving the country.
Now I receive a letter from the HOA stating that I cannot allow ANYONE to stay in the house and have to make her leave by June 20th (she will be leaving June 15th anyway). But, do they have the right to tell me who I can let stay in my home. I am not renting it, and anyone that stays there will only be there for a week or two anyway! None the less, as long as its not rented, I don't believe they have any right or business telling me who I can let stay in my own home. It's no different that me letting someone stay in my residential home for a few weeks. I will be attending the Board meeting next week and just want to know exacually what I should say to these people, staying within the law.

pamsaga
May 26, 2012, 02:12 PM
My husband and I purchased a second home within our HOA for the sole purpose of a guest house. We have two older children (and their families) that live in GA. and parents out of the country. We wanted a place for them when they visit (also friends at times) so they would have their own space and my son wouldn't have to give his room up everytime. Our HOA is maxed out on their rental unit limit, so when we purchased the place they were made well aware of the fact that we did NOT intend to use it as a rental.
I have a dear friend that had cancer and is going through radiation treatments, once those are complete she is moving back to Argentina (which will only take about 3 weeks). I let her move into the unit while going through treatment so I could help her and she could get her furniture, car, etc. sold prior to leaving the country.
Now I receive a letter from the HOA stating that I cannot allow ANYONE to stay in the house and have to make her leave by June 20th (she will be leaving June 15th anyway). But, do they have the right to tell me who I can let stay in my home. I am not renting it, and anyone that stays there will only be there for a week or two anyway! None the less, as long as its not rented, I don't believe they have any right or business telling me who I can let stay in my own home. It's no different that me letting someone stay in my residential home for a few weeks. I will be attending the Board meeting next week and just want to know exacually what I should say to these people, staying within the law. Also, I am a resident of Nevada, if that makes a difference. Thanks in advance for any advise.

JudyKayTee
May 26, 2012, 03:41 PM
You should have opened your own thread. No one will see this here.

What are the rules of the HOA? I have no way knowing if they have "any business" tell you who can stay in your own home without knowing what agreements/contracts you have signed.

That is NOT an unusual clause. And, yes, it is different from having someone stay in your "residential" home for a few weeks. Would that be allowed in this condo OR are you referring to a stand-alone house?

I would be curious how they define "rental." Does this mean only if you collect rent or does this cover "guests." Language will matter.

excon
May 26, 2012, 04:30 PM
I will be attending the Board meeting next week and just want to know exacually what I should say to these people, staying within the law.Hello p:

Walk in, give the Nazi salute, and say achtung!

excon

JudyKayTee
May 27, 2012, 06:23 AM
Hello p:

Walk in, give the Nazi salute, and say achtung !!

excon


I wouldn't walk - I would goose step.

Then I'd ask to see THEIR paperwork.

excon
May 27, 2012, 06:41 AM
I will be attending the Board meeting next week and just want to know exacually what I should say to these people, staying within the law.Hello again, pam:

Both Judy and I are being facetious.. What makes it funny, is that it's TRUE! What makes it helpful to you, is that it's TRUE. Some general (I don't know who) said, "Know thine enemy". You need to KNOW what you've bought into.

HOA's are quasi legal entities. They are PERFECT vehicles for people with TOO much time on their hands, and their noses in TOO many people's business. These are people who should NEVER have power. But, YOU elected them.. Ok, YOU didn't. But, because you didn't pay attention, they snuck in.

Now, that's neither here nor there. What counts is that they HAVE power. In order to prevail, you're going to have to approach them with equal POWER. They AREN'T going to listen to reason. IF they were reasonable, they'd worry about the rose bushes in your complex, instead of WHO'S business can they mind...

What I'm trying to say, is you need to arm yourself with the by-laws of your HOA, and Roberts Rules of Order. Or bring a pit bull of an HOA attorney with you.

excon

fitness1979
Nov 28, 2013, 07:05 AM
I've been living with this older gentleman for like off and on over 5 Months! He's been supporting me completely, and we've been in a relationship! He loves spoiling me, and me being around! Now that I have a new workout partner at the Gym, he's jealous cause I don't spend anytime with him, or want him anymore! Now he wants me to move out all of a sudden! What do I do! Can he just do that over jealousy and stupidity!?

Thanks!

excon
Nov 28, 2013, 07:21 AM
Hello f:

He can, but you're considered a tenant, so he has to do it legally... That means giving you a written 30 day notice to vacate.

Look. You're gonna have to go. Why make it tough on the old man and yourself??

excon

fitness1979
Nov 28, 2013, 07:23 AM
Yeah, you're right! But, he has to at least give me a Month to find a place then! It's not that easy, because he has been supporting me! I'll just pray for the best place to come along! No more old men!

excon
Nov 28, 2013, 07:29 AM
Hello again, f:

No more old men!He wasn't too old when he was paying your bills. But, you wanted him to pay for you, AND your new boyfriend. Even a YOUNG guy would throw you out on your a$$.

excon

fitness1979
Nov 28, 2013, 07:33 AM
Huh! There is no new BF! I said a workout partner at the Gym. And he wasn't paying any bills, I don't have any. He just loved spoiling me and having my company going out to dinners, etc. And, we were close like that! Now that I'm not kissing his , he hates that! He also just wanted me to be safe and take care of me! He said h still is my friend, and don't rush to get out, make sure I make the right decision!