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

    Dec 26, 2011, 05:50 PM
    Squatters rights apartment?
    My family and I own a home we rented the attic to our nephew ( he did not signed a lease) he do not pay the require amount or sometimes he do not pay any at all. Now he want to move his girlfriend in we told him no, and he say he's going to do it anyway. What rights do we have can we call the police on the day of he's moving her in


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    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 26, 2011, 05:54 PM
    First he is not a squatter, since he has a rental agreement with you. Since there is nothing in writing, then there is obviously no rules about moving a girlfriend in with him.
    ** there are no squatters rights.

    You can not call the police since he is not doing anything illegal.

    You will have to give him a notice to evict. If he is not paying the agree to rent, you can evict for non payment of rent. Or you can just give him notice to move. If he does not move when told, you will take him to housing court to get a formal eviction.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Dec 26, 2011, 06:18 PM
    Is the attic a legal apartment?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 26, 2011, 06:26 PM
    ANY question on law needs to include your general locale as laws vary by area.

    Does the attic have a bathroom and cooking facilities or is it just a room? Either way, if he refuses to move out, you will have to formally evict him. But if its an illegal apartment he may get you in trouble with the housing dept.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #5

    Dec 27, 2011, 05:48 AM
    You evict him... have him legally served... he didn't HAVE to sign a lease... and he didn't have to pay anything... I assume he's been there more than a month already.

    Have hem served with a 30 notice to vacate... and if he still doesn't leave... you can go to court and have the sheriffs put him out.

    Since he's a nephew... in the meantime, talk to his parents, and be blunt with them... that should result in shaming him out even sooner.
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