View Full Version : Eviction and dcfs
Mrs14
Aug 31, 2013, 11:27 AM
Dcfs has issued a live in with the roomrenters due to her mental issues which I wasn't aware of nor do u know this persons background nor does she pay anything we've issued already a 5 day to roomrenter what can we do about the live in?
Mrs14
Aug 31, 2013, 11:28 AM
Is it even legal or does roomrenter have to figure that issue out?
AK lawyer
Aug 31, 2013, 11:42 AM
Does your tenant have a lease? Does that lease allow unrelated persons to live with the tenant? If not, evict both of them for vioation of the lease.
In any event, if you are evicting the tenant, you should be able to evict the live-in too. Give that person the required written notice.
N0help4u
Aug 31, 2013, 12:01 PM
**dcfs issued** the live in? I think dcfs issuing this you could get in trouble for discrimination if that is the only reason. Never heard of dcfs issuing-- approving yes. I think you should clear things with dcfs before anything else.
Mrs14
Aug 31, 2013, 12:22 PM
She was given her eviction notice prior to all this that dcfs allowed without our consultation
N0help4u
Aug 31, 2013, 12:25 PM
You are going to have to evict live in same way.
ScottGem
Aug 31, 2013, 12:34 PM
I'm sorry but I don't understand what "DCFS issued a live in" means. Do you mean they approved a live in companion for the tenant?
Are you the landlord? Are you renting an apartment or a room in a house/apartment to the tenant? When you say an eviction notice was issued, do you mean a vacate order or an eviction order issued by a court?
Please clarify the situation so we can advise. Also where are you located as laws vary by area.
Mrs14
Aug 31, 2013, 12:38 PM
Well technically paper that police saw states that she has to be with baby and her at all times. Is that allowable without my consultation not knowing her background? I have 2 children of my own that live with me. That's jeopardizing our safety?
I am the landlord who handed her 5 day eviction. For room renting
After her 5 days we are going through the court. But my question is that can dcfs allow this without any notice to me? I'm the homeowner?
She's a roomrenter with a shared community household . Her 5 day eviction notice is legal document by the court system and has been notorized.she refused to pay rent and bills . Paraphernalia issues . Dcfs has been called upon her.
N0help4u
Aug 31, 2013, 12:44 PM
If room mate and live in have to be together at all times it seems to me that when one leaves the other will too?
AK lawyer
Aug 31, 2013, 12:48 PM
I am the landlord who handed her 5 day eviction. For room renting
You still didn't answer Scott's question: "do you mean a vacate order or an eviction order issued by a court?"
You are trying to evict her for what reason? What do you mean by "for room renting"? Renting a room in the premises to a sub-tenant? As I previously asked, is this prohibited by the lease?
After her 5 days we are going thru the court. But my question is that can dcfs allow this without any notice to me? I'm the homeowner?
And the answer to that question still hinges upon the answer to our questions. But no, assuming you can evict the tenant, you can also evict DCFS's "live-in".
J_9
Aug 31, 2013, 01:00 PM
For clarity, please stop being so cryptic. For the experts to answer you properly, they are going to need to know the entire situation.
N0help4u
Aug 31, 2013, 01:01 PM
Definitely too many holes in story.
Mrs14
Aug 31, 2013, 01:32 PM
The lease is legally terminated after her 5 days
ScottGem
Aug 31, 2013, 01:41 PM
Well technically paper that police saw states that she has to be with baby and her at all times. Is that allowable without my consultation not knowing her background? I have 2 children of my own that live with me. That's jeopardizing our safety?
I am the landlord who handed her 5 day eviction. For room renting
After her 5 days we are going thru the court. But my question is that can dcfs allow this without any notice to me? I'm the homeowner?
She's a roomrenter with a shared community household . Her 5 day eviction notice is legal document by the court system and has been notorized.she refused to pay rent and bills . Paraphernalia issues . Dcfs has been called upon her.
I merged your last 4 posts to try and get the story straight. Some were posted after subsequent replies. But you still haven't answered all the questions asked.
Ok, so you gave her a 5 day pay or quit notice because she hasn't paid the rent. Not sure what you mean by a "legal document by the court system". That is generally not the way the system works (you still haven't given your general locale). A court does not issue a vacate notice.
After you gave her the notice you say DCFS required that she have a live in to take care of the child. DCFS does not have consult you, even though this is a shared home. There is nothing illegal about it. And you don't need to know her background, DCFS would have vetted her.
However, if you obtain an eviction order from the court. Then the companion will have to vacate as well.
Sounds to me like you are concerned because you are forced to have a stranger in your home. While I understand that concern, DCFS is concerned about the child and has to provide for the child.
Now its possible that DCFS will pay the rent so you can't evict for non payment. So the next question is does she have a lease and what are the terms of that lease.
ScottGem
Aug 31, 2013, 01:49 PM
The lease is legally terminated after her 5 days
Where did you get that idea? That's not the way it works in any jurisdiction I know of. The landlord gives a pay or quit notice to vacate. If the tenant doesn't vacate by the deadline, the landlord goes to court for an eviction order. This requires a hearing where both can state their case. The court will then issue an eviction order unless the tenant can show cause why they shouldn't be evicted.
Then the tenant either vacates or the landlord can hire a sheriff to physically remove them.
However, since DCFS is involved they may force you to let her stay, but they will have to pay the rent.
N0help4u
Aug 31, 2013, 01:54 PM
That's what I'm getting at dcfs may fight the eviction possibly.
ScottGem
Aug 31, 2013, 01:57 PM
That's what I'm getting at dcfs may fight the eviction possibly.
Yes they may, but we would need to know more about this situation to advise on that.
AK lawyer
Aug 31, 2013, 03:09 PM
...
However, since DCFS is involved they may force you to let her stay, but they will have to pay the rent.
That last sentence is finally getting close to where I suspect this thread has been headed all along. Simply because CDFS is a governmental agency, does not mean that it can occupy the premises without OP's permission. Either it is doing so under the tenant's leasehold or tenancy-at-will; or it is illegally trespassing. If it's the latter situation, the DCFS can be evicted like any other trespasser.
Mrs14
Aug 31, 2013, 03:55 PM
That last sentence is finally getting close to where I suspect this thread has been headed all along. Simply because CDFS is a governmental agency, does not mean that it can occupy the premises without OP's permission. Either it is doing so under the tenant's leasehold or tenancy-at-will; or it is illegally trespassing. If it's the latter situation, the DCFS can be evicted like any other trespasser.
Nothing was discussed of the " stay with roommate" with me. The lease was verbal so her word against mine but that will terminate in 5 days. Then I go to court if she refuses to leave after the 5 day eviction notice time. I know that much. What bothers me can dcfs be allowed to say who can stay at my home come into my property and my home without discussing the situation with the homeowner/ lanlord ? And am I entitled any knowledge by them plus Dcfs did not choose the "stay with roommate" the evicted did. Is that legal?
Plus Dcfs was called of her mental status plus living conditions in her rooms
ScottGem
Aug 31, 2013, 04:11 PM
Nothing was discussed of the " stay with roommate" with me. The lease was verbal so her word against mine but that will terminate in 5 days. Then I go to court if she refuses to leave after the 5 day eviction notice time. I know that much. What bothers me can dcfs be allowed to say who can stay at my home come into my property and my home without discussing the situation with the homeowner/ lanlord ? And am I entitled any knowledge by them plus Dcfs did not choose the "stay with roommate" the evicted did. Is that legal?
Plus Dcfs was called of her mental status plus living conditions in her rooms
I already answered the question of whether it was legal. Yes, its your home, but the room where she lived is HER home. Unless there are lease provisions that prohibit it, then there is nothing illegal about it.
What does "DCFS did not choose the 'stay with roommate'" mean? You have to explain yourself more clearly.
So who called DCFS? What about her living conditions and mental state?
But again, if she doesn't pay or vacate within the 5 days, yes you go to court. There will be a hearing as to whether she can stay. Unless the court rules that she can (and that IS a possibility if DCFS champions her cause), then she has to vacate or you can have a sheriff remove her.
You seem to be hung up on it being your home. But when you rented space to her, you gave up a measure of control of how that space is used. You don't seem to understand that.
Mrs14
Aug 31, 2013, 04:47 PM
I already answered the question of whether it was legal. Yes, its your home, but the room where she lived is HER home. Unless there are lease provisions that prohibit it, then there is nothing illegal about it.
What does "DCFS did not choose the 'stay with roommate'" mean? You have to explain yourself more clearly.
So who called DCFS? What about her living conditions and mental state?
But again, if she doesn't pay or vacate within the 5 days, yes you go to court. There will be a hearing as to whether she can stay. Unless the court rules that she can (and that IS a possibility if DCFS champions her cause), then she has to vacate or you can have a sheriff remove her.
You seem to be hung up on it being your home. But when you rented space to her, you gave up a measure of control of how that space is used. You don't seem to understand that.
The lack of info that I believe should have been provided to me as the landlord and homeowner. And yes Dcfs did not provide her caretaker the roommate choose her and happens to be her friend . Now I find that fishy
ScottGem
Aug 31, 2013, 04:59 PM
The lack of info that I believe should have been provided to me as the landlord and homeowner. And yes Dcfs did not provide her caretaker the roommate choose her and happens to be her friend . Now I find that fishy
See this has been the problem from your initial post. You give us bits and pieces of the story, and don't fully answer our questions. Then you expect us to give you accurate advice. This is the first time you have indicated that the companion was not someone assigned by DCFS, but rather that they authorized a companion and she chose a friend.
But what do you find fishy about it? And again, you are hung up on the belief that you should have been made aware of and consulted about this. But I don't see that as necessary. The room is HER home and she has a measure of privacy with respect to it.
So what is it you want now? Pursue the eviction and get her out.
N0help4u
Aug 31, 2013, 05:08 PM
Nothing was discussed of the " stay with roommate" with me. The lease was verbal so her word against mine but that will terminate in 5 days. Then I go to court if she refuses to leave after the 5 day eviction notice time. I know that much. What bothers me can dcfs be allowed to say who can stay at my home come into my property and my home without discussing the situation with the homeowner/ lanlord ? And am I entitled any knowledge by them plus Dcfs did not choose the "stay with roommate" the evicted did. Is that legal?
Plus Dcfs was called of her mental status plus living conditions in her rooms
Here is what I am getting at, if this live in is a medical type caretaker then I do believe you can get in trouble for some form of discrimination. Just as the law requires that seeing eye dogs or companion dogs are given special 'rights'.
Dcfs is suppose to get landlord permission and do a background check but this live in seems to be required. So if you want them evicted I would think you need to emphasize the rent not paid and things other than the live in.
HUD fair housing law
Title II of the Americans with Disabilities Act of 1990
Title II prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.
Mrs14
Aug 31, 2013, 05:25 PM
I'm just getting this knowledge from calling Dcfs. That's why I'm so confused and they keep telling me we will get someone to call you back and they don't so I call back.
Thank you
For all you advice