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    AngelKasey's Avatar
    AngelKasey Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 25, 2006, 06:02 PM
    ? About getting a family member to move
    Hi,
    My husband and I live in a single family home that is owned by his mother. She lives in an inlaw apartment over the garage. We pay her rent to live here. My husbands sister lives in the basement which is finished off and is supposed to be paying rent. Since my husband's father passed away over 2 years ago she has stopped paying her rent. My mother in law cannot afford her bills or the home equity loan and is falling behind because my sister in law hasn't been paying rent. She has been living off her credit cards which are now maxed out. We don't want her to lose the house or us our home. My husband and I would like to buy the house. But his sister needs to move out. She is living here and paying nothing. She has cable TV which we pay for, she has never paid anything for electricity or heat, etc. We would not be able to afford all her utitlities either. So we can't help my mother in law if the sister is living here. She leaves her lights and TV on ALL the time even at night.

    How do we go about getting her out of the house?

    There is no tennant/lease agreement of any kind. She moved back home after her divorce, then she got remarried and her 2nd hubby lived here to up until about 2 years ago. They are separated now.

    Can you evict a family member? Or do we just throw her out?
    What do we do if she won't leave?

    What about all her stuff. She is a pack rat and she has so much stuff in boxes all over you can hardly walk through the basement. Its also very dirty! And probably a fire hazzard down there.

    How do we make her remove her belongings from the home?

    She also has a dog which is not friendly towards kids. It was taken away at one point for biting someone and it has nipped several others. Nothing serious but she growls at all kids. What if she leaves and leaves her dog here?

    She also does not respect anyone else property. We lock our doors to keep her out. Neither does her husband when he comes to visit. She does have 2 kids who live here with her but they have rooms at their fathers house too so they would not be out of a home. There is no custody order of any kind between them. They haven't even talked about a divorce. He has said he would love to have them live with him.

    Any help/advice would be so appreciated. My kids are being affected by this, hubby and I are stressed to the max and his mother has been having chest pains over it. Her blood pressure is sky high!

    Thanks
    Jennifer
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member
     
    #2

    Jun 25, 2006, 06:59 PM
    Since she once paid rent, you might need to evict her.

    Best bet, go to court to have here evicted.

    As for her stuff, ask the judge, but is she doesn't take it with her, it becomes abandoned property, you can just toss it all on the curb.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
    Uber Member
     
    #3

    Jun 26, 2006, 03:29 AM
    I wonder about this. With no contract and it being a family member, it might be a domestic issue rather than a Landlord-Tenant issue. I'd ask a local attorney about it.

    Typically, I think, attorneys do not charge for initial consultation for him to confirm your remedy and what he'd charge to handle it for you.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #4

    Jun 26, 2006, 05:50 AM
    Hello Angel:

    YOU can't evict her, because YOU aren't the landlord. If you want to be the landlord, buy the house from your Mother-in-Law. THEN (and only then) can you evict the Sister-in-Law. But, if you OWN the house, it's easy to get rid of her.

    You might also suggest a reverse mortgage for your Mother-in-Law. It will give her income for life while she continues to live in her home.

    excon
    dreemr57's Avatar
    dreemr57 Posts: 19, Reputation: 2
    New Member
     
    #5

    Jun 16, 2007, 09:11 AM
    Hi my name is martha, although I don't have a answer for you.. my fingers are crossed that a expert can come out and help us both out. My situation is the same as yours.. and if , you somehow managed to get this person out. Let me know [email protected].. I am so desperate.. I don't have the funds to hire a atty.. what can we do?
    Worried Daughter's Avatar
    Worried Daughter Posts: 3, Reputation: 0
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    #6

    Dec 28, 2007, 01:16 PM
    Hi Angel Kasey,

    I know someone who had a similar problem. The house belonged to my friend and her tenants stopped paying rent. My friend shut off the electricity, cable and phones where the tenants were living. She also put locks on all cabinets bathroom and kitchen and refrigerator. The couple that was renting from her moved out in less than 4 months. Good Luck
    Selah_Rod's Avatar
    Selah_Rod Posts: 5, Reputation: 1
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    #7

    Jun 25, 2010, 09:01 AM
    Haha, sounds just like my situation with a certifiably insane, sociopathic member.
    Selah_Rod's Avatar
    Selah_Rod Posts: 5, Reputation: 1
    New Member
     
    #8

    Jun 25, 2010, 09:03 AM
    Whoa, Worried Daughter, what your friend did, though effective, was totally illegal! She should have paid the fee with the sheriff's office and have them evicted. Luckilly, she didn't get sued in a small claims court for inhumane treatment.

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