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View Full Version : Eviction, privacy rights, and rights of access.


BakerMel76
Nov 24, 2014, 09:04 AM
My grama let me and my 2 kids move into a home she owns in Topeka, KS on 9/29/14. My uncle lived here previously, but is currently incarcerated. Now, he's getting out un-expectedly and she wants us out and him back in. Ive spent weeks of my time and money to clean and repair the house and yard. It was a drug house when we moved in and filthy. It took me 6 hours to just get the bathroom clean enough for use, for example. My kids are enrolled in the schools and are stable and happy. The only bills in our name is cable, internet, and phone. And, I've given her cash to pay the utlities We also have a notorized residency verification letter that was signed by my grama proving she is letting us live here. Can she tell us to get out without going through an eviction process? Also, she comes in the house any time she wants and messes with my personal belongings and bosses us around. She has ran off people I've had ovr helping me clean the yard or just visiting. And, constantly says she's the boss of what and who goes in or out of this house becus its her house. She doesn't live here. Does she need to follow same laws as a landlord when it comes to entering the premises and what rights does she have to bring other people here and same for me and my children. My uncles things are boxed and packed in attic, bedroom closet, and storage shed. Me and my kids belongings, decorations, dishes, etc are what's being used in this house. Not my grandmothers or uncles. Can she do what she pleases with our things? Lastly, the kitchen sink, toilet, and washer which I purchased were broken; so, I bought parts and paid for repairs. Fri 11/21/14, the water heater went out and we've had to boil water for baths, cleaning, etc. She is refusing to pay for it and I don't have the money to have it fixed or repaired. Is she responsible for taking care of repairs?

ebaines
Nov 24, 2014, 10:42 AM
The fact that you cleaned the place up and paid for some repairs yourself is not relevant - it's your grandmother's house and if she wants you out you must move. There is a legal process she must follow - assuming there is no written lease agreement you are considered a month-to-month tenant, and your grandmother (as landlord) must give you 30 days written notice to vacate. If after the 30 days you have not moved out then she may begin the legal process for forcible eviction.

My advice is start preparing to move out. Find another place because you will soon be forced out if you can't reach an agreement with her. How about agreeing to pay rent? That may change he mind, and if you have a written lease would avoid the situation of being tossed out on a whim.

joypulv
Nov 24, 2014, 11:08 AM
Agree with above. Just want to add that she may want you out simply because the prison won't let him out early without a written statement or lease regarding a place to live. This is common these days. He's her son, so is closer to her heart, I am guessing. And therefore offering to pay rent might not matter to her.

I'm sorry that you did so much work in less than 2 months! Were you really expecting that he would be in prison for years longer? With prisons so crowded, many get early release with probation or an ankle monitor. I hope you kept receipts; there's a slight chance that you can try to sue her for reimbursement, and even drag out eviction proceedings by asking for a special hearing.

She must treat you as a tenant. She may not enter without permission, or touch or take anything of yours. She may not change the locks.

I would try to work on a compromise. Maybe allow him to live in a separate part of the house barred from yours? I don't see that working, however, given how you found the condition of the place. Too dangerous too.

AK lawyer
Nov 24, 2014, 01:07 PM
... There is a legal process she must follow - assuming there is no written lease agreement you are considered a month-to-month tenant, and ...

I would tend to agree, particularly since OP has "given her cash to pay the utlities " ("Utilities" auto-corrected)

But I'm wondering why OP was required to get " a notorized (sic) residency verification letter that was signed by [OP's] grama (sic) proving she is letting [them] live" there. What's that all about?

joypulv
Nov 24, 2014, 01:51 PM
residency verification letter?

Schools and social programs (food stamps, etc) when you are new somewhere and you have nothing with your address on it yet.

Fr_Chuck
Nov 24, 2014, 11:39 PM
Yes, many places, for social services and education wan to see a copy o a lease, or rental agreement, to prove residence, If there is none, I can see this.

But, even if no money is being paid, you are a "renter" and she has to evict you, also, she is not allowed just to ocme in, but has to give some notice.

BakerMel76
Nov 25, 2014, 07:32 PM
Paying rent is not an issue. But, an amount was not established and grama isn't asking for that; which, is why I purchase all the repair materials and if a professional is needed, am paying for that as well. I bought a washer, a glass screen door, ceiling fan, porch light, all household supplies, mini blinds, curtains, etc. So, even though I've not officially pd rent... I am contributing financially. Honestly, in less than 2 months of living here, I've paid more than what I would have had to for rent. I also do pay the utilities. Keep in mind my uncle had my grandmother's house looking like "skid row", my gramas words. So, also, as a way to show appreciation for letting us live here, Ive spent days and nights making it livable again. And, no we did not plan on my uncle getting out this soon. Hes been in prison several times and usually 5-10yrs is served. This time was basically minor things, I. e. Parole violation (testin pos for drugs), domestic, etc. Had fig a yr at least. On top of that, grama had said she was going to help him get housin somewhere else.

ballengerb1
Nov 25, 2014, 07:44 PM
She can evict you even if he was not returning. Safest thing to do is start looking for another place.

BakerMel76
Nov 25, 2014, 08:35 PM
I have already contacting agencies for housing, the housing authority, etc to apply for assistance with moving. So, I know we have to get out. I've also made appts to look at about 10 houses, in the same school district, as well. However, in the meantime... I'm understanding, that she can't come into the home anytime she wants and go through our things or take our mail and not give it to us until days later? What bout making living conditions hostile? Ex. This week she got mad becus my older son was being very disrespectful to me and his brother, who has autism. So, I denied his request to have his girlfriend visit. My grama gets pissed if I discipline my boys. So, when her and my son were alone, she told him he doesn't have to listen to me. And, I cant say if his girlfriend can come visit because I'm not the boss. She told him she was because "this is my house." A statemnt I hear daily. My grandmother is not a frail little old lady who I'm taking advantage of. So, please keep that in mind. This woman is hateful, two faced, and thinks me breaking down crying for hrs is funny; as she talks bad about me to other family members, yells and cusses at me in front of my kids, continues to "go off" as I lay on the floor having a seizure becus she's stressed me out to that point. And, even through all of this behavior I've cont to be respectful, take excellent care of her home and property. Ok, little hx there... now questions please. #1 Do I have to allow my uncle back into the home, he's been out since June and his belongings have been packed and stored various areas of the house? #2 Can she shut utilities off or can I turn them on in my name? #3 Can I change the locks and do I have to provide a key to my grama?#4 I told her today, that I need the eviction notice even to apply for housing assistance, but she didn't want to giv me one for that. She will definitely have to give me written 30 day eviction to get me out, correct? #5 Water heater has been broken and needing replaced for 5 days. Im boiling bath water and dish water, etc on the stove. Does she have to replace it? If so, in what time frame? Is there cost to me? As I said, I've alrdy put in at least $1600 in less than 2 months of living here, under the assumption me and my children had a stable home to live in and would not be movin again. #6 Can she continue to check the mail? If so, what do I do about her taking our mail out and not giving it to me for days at a time; which, has caused late pymnts and missed appts already. #7 For her to enter the home, she must give how much notice? Is it to be verbal or written (if verbal, how wld I prove she didn't, if she says she did), and must there be a valid "landlord duty" reason for her to enter. #8 There r 2 outside storage sheds and bsmnt access is also utside. Is notice reqired for access to those? Thank u all for ur time and assistance. Im sorry to ask so many questions. But, I'm trying to gain as much knowledge as possible, as I move forward into very unfortunate, stressful, and uncharted territory. And, I want to make sure I'm following the laws.

ballengerb1
Nov 25, 2014, 08:41 PM
Until you are convicted you can call the police for trespass. The relationship sounds like it is totally shoot so little to loose

ScottGem
Nov 26, 2014, 05:39 AM
1) Yes you have to allow him back in the house if the owner of the house says you do. 2) No she can't shut off utilities, that would be considered an illegal eviction 3) No you can't change the locks without permission, if you do change the locks you need to provide her with a key. Yes she has to give follow the law in evicting you. 5) Yes she is responsible for repairs and keeping the property habitable. Repairs need to be made in a reasonable time. 6) interfering with the mail is a federal offense. If you can prove she is doing so, and that, this has cost you money, you can report her to the postal authorities and sue her for money you have lost. 7) reasonable notice is usually defined as 24 hours. 8) access to areas outside your living quarters is not subject to notice.