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    themiss2001's Avatar
    themiss2001 Posts: 1, Reputation: 1
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    #1

    Sep 24, 2008, 07:04 PM
    Definition of tenant vs. visitor
    My friend owns her home. Her mother lives with her and is NOT listed on the mortgage.

    The mom had her boyfriend move in & he refuses to pay any rent or utilities. He says he does not have to pay because he is a guest. He has been a "guest" for over one month.

    The mom moved her boyfriend without my friend's knowledge or permission.

    Can my friend legally remove her mom's boyfriend from the home?

    What is the definition of a visitor vs tenant?

    Thanks for your help! :)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 24, 2008, 09:32 PM

    If the mom lives there the mom can invite and have stay with her who she likes.

    Mom is the renter, daughter is landlord. Mom has friend who is allowed to visit because of mom allowing him to stay.

    Daughter will have to evict mom or in some way force mom to get rid of guest, daughter can charge mom higher rent since she has a boyfriend living there. Or just evict mom if there is no written lease
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #3

    Sep 25, 2008, 06:54 AM

    Does the boyfriend receive any mail there? Does he maintain another residence, or is this his only home? Are all or most of his belongings there?

    If any of these conditions are met I believe he could be considered a tenant (although non-rent paying), and I believe she could move to evict him.

    I, personally, would give him a notice to end his periodic tenancy. Probably a 30 day notice, but check that state's landlord / tenant laws. There's a "sticky" at the top of this forum with a link to each state's LL / tenant laws. It will say in the law the length of notice she would need to give him. Then if he's not out by the end of that notice she can file an eviction suit against him.

    From the sounds of things he AND mom both need to go.

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