Ask Me Help Desk - How to Get My Sister out of my house?

On April 30, 2007 we closed on our new house in Monmouth County, NJ. The mortgage is just in my name. The deed for the house has my name, my wife's name and my Dad; who has a life estate in our house. On May 15th, my sister moved in. She stated that she just needs a couple of weeks to find a place to live. As of today; she is still living in our house and refuses to leave. She has 2 kids; in which she lost custudy of due that she is addicted to pain killers. (The Dad has the kids) We have taken her to the hospital twice because she has overdosed on pain killer prescriptions. She is causing HAVOC in our house. We have to sleep in our bedroom with the door and windows locked. About 2 weeks ago; about 6AM she climbed into our bedroom window; while we were sleeping and was looking through my wife's pocketbook; looking for money and pills. My sister has paid me nothing for the care of the house; she worked for about 3 weeks at close to minimum wage; but lost her job due to her drug problem.
She has not lifted a finger for the care of the house.

We have contacted the local Police Department, but was told they can't make her leave. They told us to contact Freehold (Landlord/Tennent). We did; we had a scheduled court date. We were the 130th+ case that day; they told us that if we can settle without waiting for the judge; we can file the paper work there. We filed the paperwork stating that she has to leave in 2 weeks and 3 days. August 27th was the date she was suppose to move out. She refused to leave again and I went down to Freehold to get her evicted. They told me that since she lives in just a bedroom above the garage and pays no rent that they can't evict her. She is not a real tenant.

PLEASE help me get her out of our house. Her name is not on any of the paperwork for the house. All three of us want her to leave!

What do I need to do to get her out of our house?? I don't want any money from her; I just want her out!

Thank Your for your time and help!
Joe

Put her things on the curb and change the locks.

The local police department told me that I can't just throw her stuff outside.

You need to get her into a rehab program. You may have to formally commit her. Once in the program (and it needs to be one where she stays overnites), you can move her things to a storage facility and change the locks.

I would, however, get the ruling that she is not a tenant in writing. She is either a tenant or a trespasser.

Hello j:

You need to call the chief of police and tell him to get his cops out of the doughnut shop and on the street where they belong. Of course they're lazy and don't want to do their job - unless it involves a bust - then they're right on top of it. Every doughnut shop in the city empties out...

Tell the chief that the courts have ruled that she's NOT a tenant. Of course, he's probably hanging out at the doughnut shop too...

excon

Quote:

Originally Posted by jlarnai

On April 30, 2007 we closed on our new house in Monmouth County, NJ. The mortgage is just in my name. The deed for the house has my name, my wifes name and my Dad; who has a life estate in our house. On May 15th, my sister moved in. She stated that she just needs a couple of weeks to find a place to live. As of today; she is still living in our house and refuses to leave. She has 2 kids; in which she lost custudy of due that she is addicted to pain killers. (The Dad has the kids) We have taken her to the hospital twice because she has overdosed on pain killer prescriptions. She is causing HAVOC in our house. We have to sleep in our bedroom with the door and windows locked. About 2 weeks ago; about 6AM she climbed into our bedroom window; while we were sleeping and was looking through my wifes pocketbook; looking for money and pills. My sister has paid me nothing for the care of the house; she worked for about 3 weeks at close to minimum wage; but lost her job due to her drug problem.
She has not lifted a finger for the care of the house.

We have contacted the local Police Department, but was told they can't make her leave. They told us to contact Freehold (Landlord/Tennent). We did; we had a scheduled court date. We were the 130th+ case that day; they told us that if we can settle without waiting for the judge; we can file the paper work there. We filed the paperwork stating that she has to leave in 2 weeks and 3 days. August 27th was the date she was suppose to move out. She refused to leave again and I went down to Freehold to get her evicted. They told me that since she lives in just a bedroom above the garage and pays no rent that they can't evict her. She is not a real tennant.

PLEASE help me get her out of our house. Her name is not on any of the paperwork for the house. All three of us want her to leave!

What do I need to do to get her out of our house????? I don't want any money from her; I just want her out!

Thank Your for your time and help!
Joe

File eviction papers with the sheriffs office.

Change the locks and have her arrested if she does any damage when she is out, she isn't legally entitled to have a key. Lock your windows, if she breaks in have her charged with breaking and entering. File an assault charge against her if she so much as threatens you or anyone in the house. If the local cops are that incompetent call the State police.

Personally I can't see how any police officer can say you can't throw out someone who is no more than a guest. If she is not a tenant (no rent or no lease documents establishing that status) then she is not covered under any of the landlord -tenant laws and thus you can throw her out at your pleasure.

I'm not a lawyer but my parents went through eviction proceedings against a squatter that refused to pay rent.

Quote:

Originally Posted by jlarnai

On April 30, 2007 we closed on our new house in Monmouth County, NJ. The mortgage is just in my name. The deed for the house has my name, my wifes name and my Dad; who has a life estate in our house. On May 15th, my sister moved in. She stated that she just needs a couple of weeks to find a place to live. As of today; she is still living in our house and refuses to leave. She has 2 kids; in which she lost custudy of due that she is addicted to pain killers. (The Dad has the kids) We have taken her to the hospital twice because she has overdosed on pain killer prescriptions. She is causing HAVOC in our house. We have to sleep in our bedroom with the door and windows locked. About 2 weeks ago; about 6AM she climbed into our bedroom window; while we were sleeping and was looking through my wifes pocketbook; looking for money and pills. My sister has paid me nothing for the care of the house; she worked for about 3 weeks at close to minimum wage; but lost her job due to her drug problem.
She has not lifted a finger for the care of the house.

We have contacted the local Police Department, but was told they can't make her leave. They told us to contact Freehold (Landlord/Tennent). We did; we had a scheduled court date. We were the 130th+ case that day; they told us that if we can settle without waiting for the judge; we can file the paper work there. We filed the paperwork stating that she has to leave in 2 weeks and 3 days. August 27th was the date she was suppose to move out. She refused to leave again and I went down to Freehold to get her evicted. They told me that since she lives in just a bedroom above the garage and pays no rent that they can't evict her. She is not a real tennant.

PLEASE help me get her out of our house. Her name is not on any of the paperwork for the house. All three of us want her to leave!

What do I need to do to get her out of our house????? I don't want any money from her; I just want her out!

Thank Your for your time and help!
Joe

I'm from NJ... those landlord / tenant (or lack there of) laws are crap for landlords. Honestly, I'm sorry for your situation and you might want to look into squatter laws in NJ... no the landlord / tenant laws. Hope that helps a bit at least and good luck.

Quote:

Originally Posted by ScottGem

I would, however, get the ruling that she is not a tenant in writing. She is either a tenant or a trespasser.

Hello again, j:

I think this little bit of advice was glossed over. However, this fact is key to your success. This is the law board. If want the law to help you, you need to view the problem through the eyes of the law.

When the law views residents of a home, it sees four categories of people: homeowners, houseguests, tenants or trespassers. Those are the ONLY four kinds of people the law sees.

The cops, who answered the phone from the doughnut shop, tell you she's tenant, but they don't know. They're lazy.
The cops aren't the final arbiters of the law. The court is. And, in this case, the court has determined that this person is NOT a tenant. Therefore, she's NOT. Trying to evict her once the court has determined that she's not evictable, is kind of silly.

She's a trespasser. That's the only thing she can be. That's it. There is no in-between kind of person in the law.

So, that's why ScottGems sage advice was right on. The cops work for the courts. They probably don't think they do, because they have doughnuts swimming around their brains, but they DO. So, as advised, get the ruling in writing, (because the cops are too lazy to call the courthouse), and give it to the Chief of Police, if you can find him, and tell him to do his job!

excon

Quote:

Originally Posted by jlarnai

The local police department told me that I can't just throw her stuff outside.

Well then still change the locks and if she wants to gather her belongings then allow her to do so only if accompanied by a police officer. But frankly I'd question the reliability of the policeman who told you that. It's not like you're stealing her belongings, you're just moving them.