Son moved back home 4 years ago with his wife and kids.told us he would help with bills 1,200 a mo. No money for 1 year now. Wanted to build addition for kids room put up the shell. Now the wife is mad and is moving out with stove they took mine out dishwasher they threw mine out. And they want me to pay them for the addition they did not finish. Daughter in law is terrible told me she will beat me up! Threw trash all over yard not picking it up. Let the pool turn green won't let me shock it said her pool she bought it.we are sick!! What do we do when they start carrying out our stuff. We live in the house in mother in law apt

If they already have a place to move into change the locks, put all their stuff together and have a day they agree to for them to pick it up. If they try to enter your home call police.

See if the police in your area will escort them (an approx 15 minute time frame where they are allowed to get all their stuff)
Put it out front right before they arrive if possible.
Let them take you to court for the addition and make sure you counter sue and have itemized list and proof of everything they owe you.

If they do not have a place go through eviction procedure and then what I said.


What state do you live in?

It was a little hard to follow, and you didn't say what state you're in. But from what I could gather I believe they are living in property you own and have paid rent at some point? If that's true they are your tenant. You need to find your state and local landlord/tenant property code and begin eviction procedures immediately. The procedure varies state to state, but involves giving them notice (usually 3 days to a week) to vacate. If they don't comply you then file a suit - usually with your local JP.

It sounds like you're definitely in a situation where an attorney would be helpful. They can advise you exactly what to do and bring you up to date on how to deal with these "tenants".

Whatever you do, get the eviction ball rolling immediately. Even though it will take some time, it will be the fastest, LEGAL way to get them out.

1. Call the police if they start to take any of YOUR stuff,
2. laugh if the pool is in my yard I do what I want, don't care what they say.
3. if they threatened me in my home, they would be kicked out the next day, legal or not to tell you the truth. Get order of protection and kick her to the curb.

You only allow them to take your things if you let them, just don't let it happen.

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Originally Posted by Fr_Chuck

2. laugh if the pool is in my yard I do what I want, don't care what they say.

You only allow them to take your things if you let them, just don't let it happen.

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Come to think of it the pool may be considered under the if it is attached to the property then it is not to be taken by tenant thing. Like ceiling fans, built in appliances, built in book shelves, etc... some things a tenant puts in the house to improve the house STAY there when they move by law. Don't know if the pool would apply.

I live in nj. They did pay 1200 towards the bills for 6 months. No lease because he grew up here they were in a hard spot so we allowed them home.we co signed for a new car we found out ford credit was coming to get it so we paid it up 2,000 and got it back home in our name that's what got her mad she said she wanted to ruin our credit

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Originally Posted by N0help4u

If they already have a place to move into change the locks, put all their stuff together and have a day they agree to for them to pick it up. If they try to enter your home call police.

See if the police in your area will escort them (an approx 15 minute time frame where they are allowed to get all their stuff)
Put it out front right before they arrive if possible.
Let them take you to court for the addition and make sure you counter sue and have itemized list and proof of everything they owe you.

If they do not have a place go through eviction procedure and then what I said.


What state do you live in?

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Make sure you consult your local police before you attempt to do anything like this! Them having a place to go doesn't change the situation. You can throw them out and hope they won't retaliate, but it would be a HIGHLY illegal eviction. They could come back and sue you for all sorts of damages then. As horribly as they've treated you and taken advantage of you, once you allow someone into your property (especially if you every take a dime in rent) they become your tenant.

I totally agree that you need to sue or counter-sue the pants off them once they're gone. For all the rent and expenses, for the addition, for anything and everything you can think of. Take TONS of pictures, document everything, and get a good attorney. This looks like it will easily exceed the dollar limit of small claims court!

Yeah they need to ask the police exactly what all they can do step by step
Was just trying to give an out line of ideas to do.

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Originally Posted by N0help4u

Yeah they need to ask the police exactly what all they can do step by step
Was just trying to give an out line of ideas to do.

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Oh, it's an excellent idea! Heck, if it was me, I'd invite about 20 of my largest friends over and have a moving party! These "kids" need to be taught a lesson.

However, that definitely opens you up to legal problems.

In my opinion, this is one of the greatest oversights in our country's legal system. I don't think there's any state in the US where you can legally just put someone out - regardless of how big of animals they are. It infuriates me! But if you want to have a leg to stand on in court and have the favor of the judge (or possibly jury), I'd go the legal route.

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Originally Posted by rockinmommy

Oh, it's an excellent idea!! Heck, if it was me, I'd invite about 20 of my largest friends over and have a moving party!! These "kids" need to be taught a lesson.

However, that definitely opens you up to legal problems.

In my opinion, this is one of the greatest oversights in our country's legal system. I don't think there's any state in the US where you can legally just put someone out - regardless of how big of animals they are. It infuriates me! But if you want to have a leg to stand on in court and have the favor of the judge (or possibly jury), I'd go the legal route.

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Revenge - inviting people over to teach somebody a lesson - never works, always backfires and worse than that, depending on where this goes you're suddenly also in the wrong or minimally, as bad as they are.

As a landlord - which the OP is - you have to always be in control because tenants will go w-a-y out of their way to test you, hoping for an angry response. Suddenly you're the Defendant!

I would get a restraining order against them NOW and then walk on over to whatever office handles evictions in your area. Sometimes the restraining order is enough to keep them out; other times you have to do both - I know, it makes no sense but it's been asked and answered before. Sometimes the Judge hearing the restraining order will order a 3-day (or shorter) eviction.

I agree with FrChuck - he's an ex-Police Officer, he knows the drill, and sometimes you have to protect yourself, no matter what the legal cost.

I think I am confused over if they have moved out into their own place and coming back to get their stuff that is what I basically based my reply on and said at the end if they are not moved out do an eviction.
I don't see why if they have a place they moved in to they would be entitled the same privileges as as if they were still residing there because they are already out. In which case, most likely they are lingering moving out their stuff to buy time to harass.

A restraining order is good if they can get one. I didn't know you could get one in order to get someone out of the house because they didn't want them there any more.
I was always told by the police, CYS, domestic violence and court that you have to have bruises to get a restraining order--at least in my state.

[QUOTE=JudyKayTee]Revenge - inviting people over to teach somebody a lesson - never works, always backfires and worse than that, depending on where this goes you're suddenly also in the wrong or minimally, as bad as they are.

QUOTE]

If you read my first post, I told them what to do legally. I was actually responding to someone else's post that said to throw them out. I should have said, "if it was me what I'd LIKE to do is..." I'd never really do that, tempting as is may be.

You're right - lowering yourself to their level never works!

This is a hot button issue for me. As an experienced landlord for 15 years, I've wanted to kick someone to the curb many times. It's unbearable to sit by and watch someone destroy your property and take advantage of you. I can only imagine how much worse it is when it's your family!

Grrrrrrrrr!

[QUOTE=rockinmommy]

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Originally Posted by JudyKayTee

Revenge - inviting people over to teach somebody a lesson - never works, always backfires and worse than that, depending on where this goes you're suddenly also in the wrong or minimally, as bad as they are.

QUOTE]

If you read my first post, I told them what to do legally. I was actually responding to someone else's post that said to throw them out. I should have said, "if it was me what I'd LIKE to do is..." I'd never really do that, tempting as is may be.

You're right - lowering yourself to their level never works!

This is a hot button issue for me. As an experienced landlord for 15 years, I've wanted to kick someone to the curb many times. It's unbearable to sit by and watch someone destroy your property and take advantage of you. I can only imagine how much worse it is when it's your family!

Grrrrrrrrr!

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And we've all been deliberately goaded by tenants.

And family can do things to you, push buttons, that the rest of the world only dreams of!

They did not move yet don't think they can until few more pays. There making noise sitting on the steps talking about us so we can hear. I am afraid. Can't sit on my front porch.the house is all packed up I heard but still here.we are prisoners in own home.

Few more pays? Or few more days?

Few more pays... go for an eviction notice.

Those are magic words to me, "afraid" and "prisoner" We should all be able to feel safe in our own home.

So I am going to not give you good legal advice but give you my opinion of what I would do. First I would take my son to the side and remind him of the fact that I have helped him when he needed help and a this point he is over 12,000 behind in his rent payments to me. And that treating me like that is not right at all. Then if he starts any problem, kick them out, legal not a bit, can he sue you, yep he can, but who cares, you take control of your life and your home, and you are safe in your home, and if he tries to sue, you counter sue for all the back rent not paid.

So what is the worst that would happen, he wins a few months rental expense and pehaps a moving cost allowance. So what you refuse to pay, and leave it to him to try and collect, just read the 1000's of posts we get here where people can not collect from debts all the time.

I would never ever le anyone make me afraid in my own home no matter what I had to do legal or not.

Beyond that, if you go the legal route, get a order of protection against them and get them thrown out by the court officer

Hmmm. Not really on the same subject here but have small advice and question...

I am pretty sure you can change the locks on that house and not have any paperwork to do it. CHeck first by all means. But from personal experience I lived in a house that got vandalized by some neighborhodd kids that thought their intended victim lived in my house, turns out he lived next door:p But anyway, my landlord got pissed and came by while I was at work the next day and boarded up all the windows and changed the locks without warning me at all, I also had a baby at the time. I went to the house where my lease was still good for 2 more months and was walking around the house trying to see if my stuff was inside and the cops showed up. They called my landlord and told me I wasn't allowed in the house and to take it to civil court, have a nice day.

And my question is this, Can you put in the lease ANY stipulations we want? Example- If you destroy property you will be liable and this contract is binding in court? Just curious
Thought for OP to maybe use in future.

PS if the daughter in-law is on your property and swings on you first, you could whoop her good and it would be self-defense. :D

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Originally Posted by Fr_Chuck

I would never ever le anyone make me afraid in my own home no matter what I had to do legal or not.

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Amen!

Sometimes doing the right thing, when someone else is doing such a wrong thing, is just out of the question.

Yep, I'd be in trouble on this one.

Several things come to mind, if my son were to behave this way, and none of them have anything to do with ME calling the police.

Baseball Bat, Bull Whip, A Buford Pusser Walking Tall Stick, maybe even a 2 X 4 with a couple of rusty nails in it.

If he picked up one piece of my property, and started to walk out MY door with it, I think you get the idea.

But, just so no one gives me a "reddie" on this answer, DO NOT FOLLOW MY EXAMPLE, IT WILL GET YOU INTO TROUBLE AND MAY CAUSE THINGS TO BE WORSE THAN THEY ARE NOW, IF THAT IS EVEN POSSIBLE.

If they are taking your items out of your house, can't you call the police and file theft charges on them? That would be perfectly legal, in my book. And get them out of your hair if they are sitting in jail waiting for court.

Quote:

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Originally Posted by achampio21

hmmm. Not really on the same subject here but have small advice and question...

I am pretty sure you can change the locks on that house and not have any paperwork to do it. CHeck first by all means. But from personal experience I lived in a house that got vandalized by some neighborhodd kids that thought their intended victim lived in my house, turns out he lived next door:p But anyway, my landlord got pissed and came by while I was at work the next day and boarded up all the windows and changed the locks without warning me at all, I also had a baby at the time. I went to the house where my lease was still good for 2 more months and was walking around the house trying to see if my stuff was inside and the cops showed up. They called my landlord and told me I wasn't allowed in the house and to take it to civil court, have a nice day.

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Well, that's pretty horrifying - what State? I am not even aware of an instance where the Police will get involved in landlord/tenant problems.

Quote:

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Originally Posted by progunr

Amen!

Sometimes doing the right thing, when someone else is doing such a wrong thing, is just out of the question.

Yep, I'd be in trouble on this one.

Several things come to mind, if my son were to behave this way, and none of them have anything to do with ME calling the police.

Baseball Bat, Bull Whip, A Buford Pusser Walking Tall Stick, maybe even a 2 X 4 with a couple of rusty nails in it.

If he picked up one piece of my property, and started to walk out MY door with it, I think you get the idea.

But, just so no one gives me a "reddie" on this answer, DO NOT FOLLOW MY EXAMPLE, IT WILL GET YOU INTO TROUBLE AND MAY CAUSE THINGS TO BE WORSE THAN THEY ARE NOW, IF THAT IS EVEN POSSIBLE.

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How about - if you don't want red - if I give you pink because I think a landlord/tenant action with no one going to jail could turn into an assault charge - if not pink, perhaps light pink - ? :D :D

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Originally Posted by froggy7

If they are taking your items out of your house, can't you call the police and file theft charges on them? That would be perfectly legal, in my book. And get them out of your hair if they are sitting in jail waiting for court.

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You'd think this is the way it would work. Unfortunately, once police realize they're being called in to a landlord/tenant dispute of any kind they typically won't do anything. They'll say it's a civil matter. If things turned violent they may do more, but if a "tenant" is moving out, the police will generally not take reports of theft at that time. The "landlord" has to go after the "tenant" for monetary damages after the fact.

Quote:

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Originally Posted by JudyKayTee

How about - if you don't want red - if I give you pink because I think a landlord/tenant action with no one going to jail could turn into an assault charge - if not pink, perhaps light pink - ? :D :D

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No.

Not even light pink.

My disclosure should eliminate the need for any shade of red... or pink! LOL

Quote:

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Originally Posted by progunr

No.

Not even light pink.

My disclosure should eliminate the need for any shade of red......or pink! LOL

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OK, you've got me there on the disclosure part.

Quote:

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Originally Posted by JudyKayTee

Well, that's pretty horrifying - what State? I am not even aware of an instance where the Police will get involved in landlord/tenant problems.

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Indiana. I have the paperwork to prove it. The police didn't really get involved they were called by a neighbor and thought it was a breaking and entering thing. When they showed up I told them who I was and what was going on. They called my landlord to verify and my landlord told them she was refusing my entrance into the house until we went to court. The police said they couldn't let me in and that she had agreed to allow me to come get my stuff that following weds. Other than that they said it was a civil matter. :rolleyes:

Yeah a lot of police are chalking up things to a civil/domestic matter and not getting involved unless there is some really serious issue.

Have lawyer appt Thursday I will start eviction they say it takes 1 month they are really trashing the yard. Turned off pool its green and stagnant she is also harassing us and our guests cops said cival matter quess there's nothing I can do but suffer.

1) As noted, once a person has established tenancy, they HAVE to be formally evicted. This also means you can't change the locks or put out their belongings since that constitutes an illegal eviction.

2) If you feel you or your property are in danger, you can apply for a restraining order. If you see them taking out your property, call the police!

3) The police are not the best people to ask questions about the law from. Police will rarely get involved in a domestic dispute unless there is volence involved.

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Originally Posted by ScottGem

3) The police are not the best people to ask questions about the law from. Police will rarely get involved in a domestic dispute unless there is volence involved.

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Wow. That's really sad. But you know what is even worse, if they show up and you cuss them out you'll wake up in a jail cell with a black eye, bloody lip and a disorderly conduct charge. But if people are being rude to you and cursing at you and destroying your property they tell you that you can't defend yourself or you'll go to jail and to just take them to court.

Quote:

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Originally Posted by achampio21

Indiana. I have the paperwork to prove it. The police didn't really get involved they were called by a neighbor and thought it was a breaking and entering thing. When they showed up I told them who i was and what was going on. They called my landlord to verify and my landlord told them she was refusing my entrance into the house until we went to court. The police said they couldn't let me in and that she had agreed to allow me to come get my stuff that following weds. Other than that they said it was a civil matter. :rolleyes:

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Note the section I bolded. That's what makes it make sense. Basically, as soon as the police heard there is pending litigation, they backed off and refused to do anything more. That's going to happen 90% of the time.

But that's not the end of the story. You have EVERY right to counter sue the landlord for illegal eviction, unlawful detainer, compensation for your extra expense while you were illegally locked out of your residence and more. And I think you would win.

Yeah, I went to court and I won and she ate damages. But I didn't want to put that on this thread because it kind of was a weird situation and didn't want to switch focus to my problem instead of OP's. I just knew that she was "legally" allowed to refuse me into the house, (judge said that was OK. But she had to give me my rent back for that month and the 2 months after I had paid in advance) so I thought it may help OP :D

Quote:

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Originally Posted by achampio21

Yeah, I went to court and I won and she ate damages. But I didn't want to put that on this thread because it kind of was a weird situation and didn't want to switch focus to my problem instead of OP's. I just knew that she was "legally" allowed to refuse me into the house, (judge said that was ok. But she had to give me my rent back for that month and the 2 months after I had paid in advance) so I thought it may help OP :D

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In my mind she wasn't legally allowed to do anything. She violated the law and paid damages for it. By filing suit she forced the cops to back off, but ulitmately she paid the price. And that's important to the OP, because if she illegaly locks out her son, she could pay the price too. It might be worth it to pay that price to protect herself and the property, though.

Well, the judge said she could refuse me entrance because the house was damaged and rendered unsafe. If she had allowed me into the premises and I had gotten hurt she would be liable. Therefore, she could keep me out of the house but could not keep me from my belongings. If the OP's "tennants" are destroying the property she could say the same thing. That she changed the locks to keep them out utnil the house was inspected and proven fit for entrance again. I don't know. I'm reaching for anything to help the OP. The sooner they get out and the OP can get rid of them the better. ANd I wouldn't put too much credit into protective orders. In my experience they only enforce them if the person breaks the order by threatening you or harming you and you have to be able to PROVE it. But if you take matters into your own hands after relying on the law to keep you safe and they let you down, then you go to jail and they tell you aren't allowed to do that. It's stupid. Just make sure you take millions of pictures, tape record EVERYTHING, set up camera's if you can to video tape them, and pray you have a good judge that day. And be prepared to pay A LOT of money. My lawyer likes to tell me "Prepare for and expect the worst, hope for the best."

Quote:

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Originally Posted by achampio21

Well, the judge said she could refuse me entrance due to the fact that the house was damaged and rendered unsafe. If she had allowed me into the premises and I had gotten hurt she would be liable. Therefore, she could keep me out of the house but could not keep me from my belongings. If the OP's "tennants" are destroying the property she could say the same thing. That she changed the locks to keep them out utnil the house was inspected and proven fit for entrance again.

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Good points. That certainly sounds likle a reasonable tactic. But she will need to offer proof for it.

Baincristina,

I removed your posts in another thread. Its not a good idea to piggyback your question on someone else's. This can lead to confusion. Since you already had this thread and have gotten good advice, please stick to this thread for this issue.

Sorry did not mean harm just thought me and that other person had kind of the same problem again sorry

Not a problem, just letting you know.

Original Poster, Do you have any update? Have you started eviction process?

Just curious.

Lawyer appt at 3 today. She is now allowing 8 teenagers in apt, still throwing trash in yard. Its terrible but at least today we will know our rights. We are sure it will get worse before it gets better. Thanks for caring

And today they took shovel and broke pool.water running everywhere police said they paid for pool its OK. Then they took my table umbrella they gave me. Lawyer told me to get restraing order! What will be next. Lawyer said its not landlord tenant as he's my son and grew up here its domestic court.