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-   -   How to evict a rent paying son, daughter-in-law and grandchildren? (https://www.askmehelpdesk.com/showthread.php?t=175872)

  • Jan 23, 2008, 04:47 PM
    gandl2123
    How to evict a rent paying son, daughter-in-law and grandchildren?
    I hate that it has come to this but I have my oldest son and daughter-in-law and two grandchildren that have lived in our second home for 3 years. They have paid rent without a contract. Their rent has fallen behind but mostly has been caught up. They barely pay the payment on the home and I pay for all the insurance.

    Today was the last straw as I have asked them for more then a year to find another place to live. They pay 300.00 a month for a house that I could rent for 6-7 hundred. They are very ungrateful and disrespectful...

    Today the grand daughter tipped over an empty glass and it was mine that the daughter-in-law had given to me and I had drank. The glass was on the floor with nothing on the floor from being empty. As I handed her the glass I leaned over to make sure nothing had gotten on the floor from her daughter tipping over the glass and I felt something running down my head just above my ear and then several drops into my left ear.

    To make a long story short I said, "what the &_*&_)(*?" and my son asked me what happened and I said "that stupid just poured cool-aid in my ear." A few moments later when I was trying to get the sugary cool-aid out of my ear canal she started mouthing off and then exploted into a rant about not showing her respect. I asked her what about the respect of a 20 year old daughter in law pouring cool-aid in her father-in-law's ear..

    Then my son told me as she did to "get the _)&_* out of their home. Yep, my home for which we have no rental agreement in writing. I told them that it was not working as this was one of many times where things have went wrong between us.

    One time I was in his house with his permission fixing something and had to step in their bedroom to find a flash light. I was cursed up one side and down the other for going into their bedroom. This is the same kids that sit on my bed and use my internet everytime they come over. The same kids who get into my refridgerator and cupboards as I'm not able to get into theirs without asking...

    I'm tired of it and it is time for them to be "on their own" The grand babies are locked in as I don't want them to suffer but they need to move. What do I do?

    There is a landlord/tenent relationship and I want to evict but want to know how to go about it and if I put the house on the market and it sells (they don't want it) how do I get them out legally as the new owners take the home.

    If it doesn't sell, how can I get them out as quickly as possible. I have offered to pay their first months rent in a new home but they refuse.

    This family can't go on like this... please help. I live in Augusta, GA 30906.

    Mr. Tripp
  • Jan 23, 2008, 05:00 PM
    twinkiedooter
    You have been a good, generous father, but unfortunately you have a rotten kid with rotten kids. You will have to bite the bullet and see an attorney about this one as if you try and do something on your own without a "buffer" in between you and your son, it will definitely prove to be disastrous. This way it gives you an "out" if you know what I mean. Oh, gee son, the horrible attorney said this, and the horrible attorney said that. Otherwise, it's going to get very, very messy with sonny.

    A good attorney will be happy to be your "front" man as this is what they are paid to do. It would definitely be money well spent to legally evict them as soon as possible. Don't delay - try getting a consultation with a good "landlord/tenant" attorney. It will cost $50-$100 depending on your location for this consultation. Then you will be getting all the answers from the horses mouth on just what you can and can't do and just how quickly this could be accomplished.

    If you plan on still being friends or friendly with your son and family after the eviction, this would be much, much preferable than having you field the nasty phone calls, etc. at 3AM yourself. Oh, yes, you can do this yourself, but having an attorney do your "dirty work" in this instance would be better in the long run, believe me.

    Also getting an attorney involved will tell sonny that you are very serious about him leaving and are not taking NO for an answer. Try letting sonny tell the attorney NO and see how far it gets him.
  • Jan 24, 2008, 10:04 AM
    JudyKayTee
    Quote:

    Originally Posted by gandl2123
    I hate that it has come to this but I have my oldest son and daughter-in-law and two grandchildren that have lived in our second home for 3 years. They have paid rent without a contract. Their rent has fallen behind but mostly has been caught up. they barely pay the payment on the home and I pay for all the insurance.

    Today was the last straw as I have asked them for more then a year to find another place to live. They pay 300.00 a month for a house that I could rent for 6-7 hundred. They are very ungrateful and disrespectful....

    Today the grand daughter tipped over an empty glass and it was mine that the daughter-in-law had given to me and I had drank. The glass was on the floor with nothing on the floor from being empty. As I handed her the glass I leaned over to make sure nothing had gotten on the floor from her daughter tipping over the glass and I felt something running down my head just above my ear and then several drops into my left ear.

    To make a long story short I said, "what the &_*&_)(*?" and my son asked me what happend and I said "that stupid just poured cool-aid in my ear." A few moments later when I was trying to get the sugary cool-aid out of my ear canal she started mouthing off and then exploted into a rant about not showing her respect. I asked her what about the respect of a 20 year old daughter in law pouring cool-aid in her father-in-law's ear...?

    Then my son told me as she did to "get the _)&_* out of their home. Yep, my home for which we have no rental agreement in writing. I told them that it was not working as this was one of many times where things have went wrong between us.

    One time I was in his house with his permission fixing something and had to step in their bedroom to find a flash light. I was cursed up one side and down the other for going into their bedroom. This is the same kids that sit on my bed and use my internet everytime they come over. The same kids who get into my refridgerator and cupboards as I'm not able to get into theirs without asking...

    I'm tired of it and it is time for them to be "on their own" The grand babies are locked in as I don't want them to suffer but they need to move. What do I do?

    There is a landlord/tenent relationship and I want to evict but want to know how to go about it and if I put the house on the market and it sells (they don't want it) how do I get them out legally as the new owners take the home.

    If it doesn't sell, how can I get them out as quickly as possible. I have offered to pay their first months rent in a new home but they refuse.

    This family can't go on like this....please help. I live in Augusta, GA 30906.

    Mr. Tripp

    Try really hard not to be judgmental here but your anger is very, very apparent - I think the rent is the least of your family's issues. And I have no idea what to do about the entire situation. The house - which you have rented to them, for however little money, is where they are entitled to live in quiet enjoyment and you are intruding on them - sorry, but you are. And my father in law never came into my house and just went through my refrigerator, either - it's called mutual respect.

    And if my father or father-in-law EVER said "what the &_*&_)(*?"" and/or "that... stupid just poured cool-aid in my ear" in the presence of MY children, yes, there would be family problems.

    So if you want them out treat them as tenants and evict them - the rest of this has nothing to with anything concerning the real estate. Other than getting it off your chest.

    Lecture over.

    (And I don't think any Attorney will give you a consult for $50 - $100 but maybe it depends on the area of the country.)
  • Jan 24, 2008, 11:38 AM
    pasiria
    It's apparent you've had enough. Please seek the help of an attorney. Things have gotten out of hand. You, as a senior citizen, are intitled to a peaceful life. You have done your job as a father. Now, it is your time to enjoy rested days and nights, sitting down in the patio enjoying the silence and drinking tea.. coffee... hobbies. Do not feel bad over stepping down your foot. You are entitled to be happy and you don't have to suffer the loss of 3 or 4 extra hundred a month you could be getting for rent. The moment they decided to have children, they decided to become adults. Adults pay rent. Three hundred is a misery. What about you? What if one day you need expensive medication. Are they going to help you get it or pay your hospital bills. That is where the rent comes in handy. Good luck! I hope everything comes out fine for you. Why do senior get discounts just about everywhere. Because they have contributed to society and have made a difference. Now it's time to cut them a break and let them enjoy their free time.
  • Jan 24, 2008, 12:56 PM
    ScottGem
    I usually advise seeking an attorney, but not in this case. Its unnecessary. All you need to do is go to the local courthouse and inquire about the process for an eviction. Since there is no written lease, they are considered a periodic tenant. As such you can give them notice of at least 1 full rental period that you are terminating their tenancy. If they are not out by then, then you start the formal eviction proceedings.

    So I would start by sending them a certified letter advising you are terminating their tenancy as of 2/28. If they have not moved by that point, you will be forced to start formal eviction proceedings. On 3/1, if they haven't moved, you go to the court and get an eviction order and have it served on them. The order will specify a court date if they decide to fight the eviction. If they go to court, they will lose since they have no grounds to stay. The judge will order a vacate date. If they are still in the house on that vacate date you can hire a sheriff to remove them.

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