I don't quite know how to write this up, but here it goes.
I've been living with a male friend for almost 5 years. We did date for a short time, but that didn't work for us. His parents threw him out, and he asked to stay with me. I agreed. Now, in August 07, he's meet someone whom he is just "ga-ga" over, and that's OK with me. The part I have an issue with is her staying overnight. In the past 9 days, she's slept her 7 of them. I want to know what my rights are (I'm the one who secured the apartment with my own money) and if she's building a squatters right case in my home. I think I have just as much right not to have under this roof as he has to have her sleep with him. Please advise. Thanks!

This is easy.

It's your apartment. You make the rules.

I would say: I am paying for one person - not two. And you can go to her house.
Or consider making enough money to get your own place by December, 1.


He has major issues with responsibility - and you are just facilitating it.
**(He got kicked out of his OWN house - WHY? May I ask... )

He was living with his parents when he split from wife #2. His parents kicked him out for using OTC sleeping pills. I mean really using, as in addicted. He's been clean for almost 2yrs now.

You're right, he does have responsibility issues. Don't know why I didn't see that before.

Update ~ he had her over last night. That's 8 nights out of 11 now. I'm worried that she'll try to claim squatter's rights.

My cat peed on his sheet and took one off my bed and didn't wash it before giving it back! There was another sheet available without tearing up my bed, too. So guess who had to wash her sheet so she could go to sleep after working all night. He didn't look past his own nose (being polite here).

If it's your apartment, why stand for any of this?

He's not a child... tell him to buck his ideas up or ship out - simple as that!

What you don't say is whether you have any written agreement with him. If you do what does it say about overnight guests? If you don't, well a person is entitled to have overnight guests.

What the guests are NOT entitled to do is use your property. So if they are taking food or other things (like linens) that do not belong to their host, then that would be a violation of guesting.

If you do not have a written lease with this person, then I would draw one up. In the lease, put a limit on overnight visits. Tell him he either signs the lease or finds a new place to live.

We signed a lease the first year, jointly. From then on, the landlord let us go month to month. My house-mate and I never talked about having someone spend the night or nights, because neither of us were dating, so it wasn't mentioned. Things were fine until this past August when he started dating her. I spoke with the landlord and he's not too happy to know that she's been spending so much time here. He's also concerned about the possibility of her claiming squatter's rights. The landlord would like to see us work things out, and if we can't reach an agreement, then he would step in.

IF this was MY house, it wouldn't have gotten so out-of-hand. My house, my rules, or there's the door. But this isn't mine, and we co-habitate. I think she's trying to move in.

Should I send her an email or text message telling her to back off?

Ok, this changes things a bit. It wasn't clear that you both signed the lease. The next thing you need to do is go over that lease and see what it says about overnight guests. Even though you are now on month to month the terms of the original lease apply except for term and rent.

If there is nothing in the lease about overnight guests, then there is nothing to legally stop him. HOWEVER, because you are on a month to month, the landlord can terminate the lease at ANY time with just one months notice. So you need to infom him that the landlord is not happy with the situation and he needs to cool things down or the landlord is going to kick you both out.

Please explain the term "Squatter's Rights" in a contemporary setting.

You may have a little crush on him.

Don't let it cloud your judgement... He is kind of a (Shhhh... L-o-s-e-r---)

Quote:

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Originally Posted by statictable

Please explain the term "Squatter's Rights" in a contemporary setting.

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Meaning hasn't changed. Possession is 9/10ths of the law.

Seems like you're kind of a meek person, with a mate who recognizes this, and is using you. If you haven't taken any action after all this time, it may be harder to stand up for yourself. LET this be the start of Assertivenes in your life. (does he help with Rent?), tell him (and/or her) to Leave. This is a matter of Respect. If you don't want this woman there, and he ignores it, he's not tsking you seriously, nor is he respecting you. Be ready to stand up for yourself and stick to your demands.

Simple as THAT.

If common law prevails then the minimum time required for adverse possession is 10 to 15 years. In this case the legal property owner must have knowledge of squatter before the clock starts. At any time within the 10 to 15 year time the legal property owner can have served a trespass notice to vacate and at that time the clock starts over at zero. Written notice of this situation should be sent be certified mail to the legal property owner. PS; Thanks for the info SCOTTGEM. I live in a district where adverse possession is very rarely considered in favor of the hostile and as per squaters rights there is only one area where this can be an issue and that is with unregistered land. Prior to early 20th century legal support for the hostile was very common. And yes as we speak I'm checking locations for unregistered land; maybe make a killing if such is located. Be well.

Quote:

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Originally Posted by statictable

If common law prevails then the minimum time required for adverse possession is 10 to 15 years.

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OK I see where you are coming from. In terms of apartment rentals, If a "guest" can establish residency, then the law might require formal eviction rather than just locking them out.