View Full Version : What are my rights? Need help!
Dormat
Jun 24, 2012, 12:24 AM
My sis was evicted from her apartment. Because she has 5 kids I allowed her to stay in our home temporarily, which was suppose to be on 2 weeks. Its now going on 6mo. She has not contributed 2 food so my husband & I are feeding our fam plus hers which equal 12. She has not handed over a single penny for the extra utility costs, she has caused damage to my house, lives in total filth with dirty diapers spread through out the room, her kids run a muck leaving all parental responsibilities to her 15yr old, has decided 2 bring a dog into our home that pees & poops all over the place, she uses all amenities & does not help replace them, intervenes when I am arguing with my 13yr old and verbally says out loud "if I were you Id beat his f****** a**", has verbally and emotionally abused everyone in the home, cuts down & degrades my husband cause he has asked her 2 leave. Bills are being unpaid 2 just cover food, I have 2 medically ill children that we have 2 travel out of state 2 get the care they need and we are scraping pennies 2 get them to appts. Anyway, the list goes on and on. I need her out as of last week and basically she sleeps soundly with a huge smile & satisfaction knowing she can rape us any which way & get a way with it, cause the cops tell us "sorry, get a lawyer". Now how in the hell can I afford that? I need help fast, my mental well-being is not in a good state & my family is suffering... Can anyone help me, now?
Dormat
Jun 24, 2012, 12:33 AM
P.S. I live in North Dakota. Help me please!
Dormat
Jun 24, 2012, 12:51 AM
P.S. I live in North Dakota. Help me please!
And another thing is we have changed our locks and locked her belongings in 1 of her vehicles that sits in the back drive way. She brought the police to the house and they agreed 2 monitor her while she grabbed some stuff. The police up and left for a call giving her right of entry and then said oh well she's in suck it up in so many words. I can predict she will leave her children here at all times that way they have access to my house at all times. Her oldest two are now telling lies that we mock them and deny them when all we have done is care & feed all of them providing shelter... I feel so lost with no hope.
joypulv
Jun 24, 2012, 03:48 AM
You can't change locks. You have to evict her the way a regular landlord would, by giving written notice to vacate and then going to court. Start with town hall for instructions.
odinn7
Jun 24, 2012, 05:18 AM
From what I understand, you don't need a lawyer for this... you can do it yourself through the courts but there is a procedure to follow to cover yourself legally.
Someone that knows more about this and the process will be along soon enough and tell you how it's done.
ScottGem
Jun 24, 2012, 06:22 AM
You made a mistake by locking her out this could have opened you up for a suit for illegal eviction. I'm surprised you had the balls to do that since you have let her walk all over you. How does she bring a dog into YOUR house? Did she buy a license for it? Without a license you call the dog catcher to pick it up.
But as noted you need to evict her legally and you don't need a lawyer. Since you didn't tell us where you live (ANY question on law needs to include your general locale as laws vary by area. ) I can't tell you the exact process. Also it depends on whether there was any agreement for her to pay rent.
So tomorrow morning, you go down to the local housing court and find out the process. Generally this means giving them a 30 day notice to vacate and, if they don't leave, then you file for eviction.
J_9
Jun 24, 2012, 06:27 AM
How does she bring a dog into YOUR house? Did she buy a license for it? Without a license you call the dog catcher to pick it up.
A license for a dog?
ScottGem
Jun 24, 2012, 06:39 AM
A license for a dog?
Pet licenses are required by law for every dog and cat over the age of three (3) months in the city of Chattanooga.
http://www.mckameyanimalcenter.org/?page_id=4579
Its similar on LI, I assumed it was similar in most areas.
odinn7
Jun 24, 2012, 06:42 AM
Need dog licenses here in Pennsylvania as well.
J_9
Jun 24, 2012, 06:44 AM
Interesting, I didn't see where the OP mentioned she was from Chattanooga. I've never lived in an area where a license was required.
Fr_Chuck
Jun 24, 2012, 06:50 AM
You know why she got evicted before,
And you now know as long as she lives there, you can not illegal just lock her out, she could even sue you in court for that ( and I bet she knows it) dead beats know every rule and every law about rent and other things.
So you give her legal notice and evict her out of your house.
joypulv
Jun 24, 2012, 09:13 AM
J_9, everywhere I have lived around the Northeast, big cities and small towns, requires a dog license. (When my dogs get old and don't wander even if they can, I stop.)
Anyway, I see North Dakota.
JudyKayTee
Jun 24, 2012, 10:51 AM
We need to license our dogs here in NY - proof of Rabies vaccination is required to license.
ScottGem
Jun 24, 2012, 11:27 AM
I didn't see where the OP mentioned she was from Chattanooga.
She didn't, I used Chattanooga because it was the first site from TN I found. I guess some rural areas where the dogs stay on property might not require it, but I think that would be the exception, not the rule.
Dormat
Jun 24, 2012, 04:29 PM
Well for 1 before we changed locks we asked the police what would happen if we changed locks & removed her stuff. They said we would only be liable if things were stolen or damaged. So we packed her belongings & locked the vehicle recording everything we did on video. We also typed up a 30 day vacate letter that my husband and I signed and directly handed it to her. I was told by several realtors that this was good enough. Needless to say we were informed wrong cause the people we asked never mentioned filing with courts so we thought we were doing the right thing. My sister has not 1 penny to her name since her whole paycheck supports a dead beat husband that's in prison (who is the reason why she became homeless in the 1st place) and to the cell phone bills so she can accept his calls. And I'm almost positive her food stamps go directly into a care package for him because I have not seen her buy of cook anything for her family in the last 5 mo... I believe she has been signing my name to reciepts and submitting them to welfare stating she pays rent. So I will be visiting with her case worker 2mrw about that. Yes I allowed her to walk all over me because I care & worry for her children. She uses them as pawns to get what she wants and knows she can do it. But you can only push someone so far before they start pushing back. Its so very sad how she has treated us and puts that man ahead of her kids. They deserve better, & my family certainly doesn't deserve the evil & hell she is putting us through...
Dormat
Jun 24, 2012, 04:38 PM
I'm just to the point where I don't care anymore & doing what I have to in order to protect my family... besides, daddy is as always bailing her out and buying her a new house... why cause? Cause of the kids... and no there is no way we can wait till the closing. We don't have the funds 2 even try... so I guess my thinking is sue my u can't squeeze water out of a turn up and if she has the funds 2 do so, which does not, then so be it. At least my family can finally have peace, that is if she ever leaves...
Dormat
Jun 24, 2012, 04:47 PM
You made a mistake by locking her out this could have opened you up for a suit for illegal eviction. I'm surprised you had the balls to do that since you have let her walk all over you. How does she bring a dog into YOUR house? Did she buy a license for it? Without a license you call the dog catcher to pick it up.
But as noted you need to evict her legally and you don't need a lawyer. Since you didn't tell us where you live (ANY question on law needs to include your general locale as laws vary by area. ) I can't tell you the exact process. Also it depends on whether there was any agreement for her to pay rent.
So tomorrow morning, you go down to the local housing court and find out the process. Generally this means giving them a 30 day notice to vacate and, if they don't leave, then you file for eviction.
I live in North Dakota. Her dog is licensed. I'm telling you she has no respect or dignity and claims ownership to everything she feels entitled to. I did mention more on someone else's response. This my 1st time using this sight and using my phone to do it so if you read through you will find more info to this story . I do appreciate all the advice, I didn't think anyone would respond...
ScottGem
Jun 24, 2012, 04:48 PM
First, getting advice from the police on matters of law, especially civil law, is not the best idea. Whoever told you to give her a 30 day vacate notice gave you the right advice. But, apparently they didn't tell you what to do if she doesn't leave after 30 days.
So when did you give her this notice?
Dormat
Jun 24, 2012, 04:50 PM
You made a mistake by locking her out this could have opened you up for a suit for illegal eviction. I'm surprised you had the balls to do that since you have let her walk all over you. How does she bring a dog into YOUR house? Did she buy a license for it? Without a license you call the dog catcher to pick it up.
But as noted you need to evict her legally and you don't need a lawyer. Since you didn't tell us where you live (ANY question on law needs to include your general locale as laws vary by area. ) I can't tell you the exact process. Also it depends on whether there was any agreement for her to pay rent.
So tomorrow morning, you go down to the local housing court and find out the process. Generally this means giving them a 30 day notice to vacate and, if they don't leave, then you file for eviction.
There was an agreement for her to at least help with extra utilities while stated this is just a temporary stay for a short time. She never ever paid. Nothing has ever been exchanged other than a good morning Fu...
Dormat
Jun 24, 2012, 04:54 PM
First, getting advice from the police on matters of law, especially civil law, is not the best idea. Whoever told you to give her a 30 day vacate notice gave you the right advice. But, apparently they didn't tell you what to do if she doesn't leave after 30 days.
So when did you give her this notice?
May 18th, 2012
ScottGem
Jun 24, 2012, 04:59 PM
May 18th, 2012
OK so the 30 days have passed. So tomorrow morning you go to your local housing court or equivalent with a copy of that letter and file for an eviction order. You should have done that on June 19th.
Dormat
Jun 24, 2012, 05:08 PM
Update: So I guess last night with the police rattled her cage. As of right now, she has cleared out the room she was staying in. However what ever she has decided not to take she stacked it in my garage. What am I suppose to do with this? Does Her packing up the room show she has left or does she still have right to entry at any time for her stuff? Or can I deny entry until she closes on her house... I'm confused on what to do now and what happens since she did not take a whole lot of stuff but simply moved it from the bedroom to the garage...
ScottGem
Jun 24, 2012, 05:10 PM
I would do what I said, tomorrow morning go to court for an eviction order.
joypulv
Jun 24, 2012, 05:19 PM
Eviction is separate from what you are allowed to do with possessions. Usually you cannot throw them out until either tenant law allows you to or local ordinance defines them as abandoned (30, 60, or 90 days). You are getting somewhere, so don't jinx it now. Garage is better than in the house.
Dormat
Jun 24, 2012, 05:39 PM
Eviction is separate from what you are allowed to do with possessions. Usually you cannot throw them out until either tenant law allows you to or local ordinance defines them as abandoned (30, 60, or 90 days). You are getting somewhere, so don't jinx it now. Garage is better than in the house.
I plan on going and filing. My question is, since the room is empty can I legally assume she has moved out? Do I have the right to deny entry from this point since the room is vacant & no items of hers remain in the house itself?
AK lawyer
Jun 24, 2012, 06:24 PM
... Without a license you call the dog catcher to pick it up. ...
With or without a license, a dog that is found wandering around can be picked up. A license merely makes it easier to locate the owner.
Interesting discussion on dog licensing from Chatanooga, to New York to everyplace in between, even North Dakota. All beside the point, really. :)
I plan on going and filing. My question is, since the room is empty can I legally assume she has moved out? Do I have the right to deny entry from this point since the room is vacant & no items of hers remain in the house itself?
Yes, it appears she has moved out.
Thus I don't see the point in going to court for an eviction.
Dormat
Jun 24, 2012, 07:00 PM
With or without a license, a dog that is found wandering around can be picked up. A license merely makes it easier to locate the owner.
Interesting discussion on dog licensing from Chatanooga, to New York to everyplace in between, even North Dakota. All beside the point, really. :)
.
Yes, it appears she has moved out.
Thus I don't see the point in going to court for an eviction. Well just so its on record of some sort I will still notify her case worker letting her know she has vacated the premises and inform her that no rent was ever paid. If she committed fraud that's on her.