Ask Me Help Desk - How to evict a family member

How to evict a family member

Hello I need to know how to evict a family member (with children). This family member has pay some money to us during a year about 300.00 a month. After this person was told to move out this person stop helping with the 300. A month. There is no lease because this person was being help. I think this person is with social services gets help from the government but I can't continue helping because everything is so expensive and I see no help from this family member.I also believe that this person can get section 8 they help with housing. I don't want to get stuck anymore with this family member, I'm afraid that social service would tell me that they can't be kick out because they have no where to go, but I have told this person since June of this year they have to leave. It's been 4 months and I see nothing . Also this family member has been living with us for 12 years and in those 12 years only 1 years this person has helped with 300. Dollars a month and I can't continue support them. Thank you for your advice

Hello ric:

Since they paid rent, they're tenants and you have to evict them according to the laws of your state. You can find a copy of your states law at the top of this heading.

excon

One question is: is there proof of paying rent?. or did they give you cash only. If so it continutes a gift and they are not renters, they are your guests. The police can escort them out.

Hello AT:

We give legal advice here. This is where they find out what the LAW is. Indeed, I'd like to tell people to do a lot of stuff that's not legal to do, but we can't do that. I don't think you're doing anybody any favors by doing it either. I don't think we should be telling people how to get around the law and screw somebody over.

That's just me.

excon

Quote:

Originally Posted by ricasnei

hello I need to know how to evict a family member (with children). This family member has pay some money to us during a year about 300.00 a month. After this person was told to move out this person stop helping with the 300. a month. there is no lease because this person was being help. I think this person is with social services gets help from the government but I can't continue helping because everything is so expensive and I see no help from this family member.I also believe that this person can get section 8 they help with housing. I don't want to get stuck anymore with this family member, I'm afraid that social service would tell me that they can't be kick out because they have no where to go, but I have told this person since june of this year they have to leave. It's been 4 months and I see nothing . Also this family member has been living with us for 12 years and in those 12 years only 1 years this person has helped with 300. dollars a month and i can't continue support them. thank you for your advice

If you live in the house also, I don't think family member is a TENANT that requires evicting under your state's L-T laws... just change the locks and don't give them a key... they are a guest or boarder and not a tenant and can be removed under "inkeeper" laws.

The law states that they must have WRITTEN proof. If ricasnei is a renter then he/she will probably be the only one on the lease contract.

I do not believe ricasnei is trying to get around the law and screw anybody over. If at all this family member is screwing Ricasnei over.

My friend had his 20 year old, drug addicted, son removed from his property. He did nothing and did not pay rent. The police escorted him out. Then he changed the locks.

Hello again, AT:

Let's take these one at a time.

Quote:

Originally Posted by ATYOURSERVICE

The law states that they must have WRITTEN proof.

It's true, they may not have proof that they're tenants, but that doesn't change the fact that they ARE tenants. They paid rent. That makes them tenants, and they need to be dealt with accordingly.

I suppose you're free to advise them differently. I'll argue with you if you do.

Quote:

Originally Posted by ATYOURSERVICE

I do not believe ricasnei is trying to get around the law and screw anybody over.

If he's a tenant (and he is), and ric is going to put him on the street simply because he can't PROVE he's a tenant, then ric is screwing him over.

Quote:

Originally Posted by ATYOURSERVICE

If at all this family member is screwing Ricasnei over.

True, but that doesn't change his status as a tenant. Plus, it looks like you're justifying throwing him out in retaliation for not paying rent. In fact, landlords are specifically precluded from retaliating against their tenant. In addition, the only way Ric is going to collect his back rent, is by following the law.

Quote:

Originally Posted by ATYOURSERVICE

My friend had his 20 year old, drug addicted, son removed from his property. He did nothing and did not pay rent. The police escorted him out. Then he changed the locks.

Yes, but these people DID pay rent. That fact makes all the difference in the world. Were it not for that fact, I'd throw the bums out too.

excon

Quote:

Originally Posted by excon

Hello AT:

We give legal advice here. This is where they find out what the LAW is. Indeed, I'd like to tell people to do a lot of stuff that's not legal to do, but we can't do that. I don't think you're doing anybody any favors by doing it either. I don't think we should be telling people how to get around the law and screw somebody over.

That's just me.

excon

HI , DREEMR HERE, I just posted the almost exact problem. Just the other day... and No you can't get the police to escort them out.. Ive tried that.. and the police said they are DEFINITE TENANTS, --i have to go through court proceedings.. and its all so confusing.. I went to site that Ex pointed out.. I'm going to try a 60 day notice to vacate...