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dreemr57 · Jun 16, 2007, 09:09 AM

My son and his girlfriend moved in. she was pregnant and she had a fight with her mom.. I told my son she could only stay till she found another place to stay. At least 1 month or 2 at the most. This ended up being 9 months. I want them all out. I love my grand child but.. they have taken over my home.. I have to hide in my bedroom. Its not my home anymore. They do whatever they want.. all hours of the night. I called the cops and they said I can't do anything. She has taken up residency in my home, taken possession of it .I have to fight in court. What forms do I use to file a motion? What is it called to evict her , she is not paying me rent? And I don't think they will agree to pay me anything now that they have lived her for near 1 year for free.. Please if there's a real expert out there.. help me.. I need my house back. I struggled to buy this home. And its my only possession I own. Help..

excon · Jun 16, 2007, 09:54 AM

Hello dreem:

Legally, I think they're trespassers. However, I believe the cops are too lazy to get involved in what they consider a family or at best, a landlord tenant dispute. The cops and I don't agree. It's not the first time.

If the cops won't put them out as trespassers, then they're tenants and you'll have to evict them. It's really not hard to do, and it'll take about a month - maybe less.

However, you're going to need to step quickly and decisively. The first thing you need to do is go read your states landlord tenant law. We have a copy right here at the top of this forum on a sticky note. Most of the states laws are not very complex and they're easily understood. It will tell you the exact steps you need to undertake. Hopefully you live in that kind of state OR even better, you may not need to utilize the courts.

If they don't have a lease, they're considered month to month tenants. Give them a written 30 day notice to vacate. Type it on your computer. Say it simply - you need to say no more. Send it to them certified, return receipt requested. Send another copy by regular mail and HAND them a copy.

If they think you're going to follow through, that and that alone might get them going. If not, you'll need to take the next step. Your state law will dictate exactly how this is to be done, but I can give you an idea.

If, after 30 days, you issue them a 3-5 day notice to pay rent or quit. Then you file an unlawful detainer lawsuit in your small claims court. It's quick, cheap and easy to do. It may be called something different in your jurisdiction. There will be a hearing. They'll lose. The judge will give them maybe two weeks to move. If they don't, the sheriff will put them and their stuff on the street.

Go to it.

excon

LadyB · Jun 16, 2007, 09:59 AM

Wow, I wasn't aware that allowing people to be guests in one's home could lead to them being considered tenants. I would have just thrown their stuff on the street and changed the locks if I were the OP.

Thanks, excon. Your answer to this person helped others as well.

Fr_Chuck · Jun 16, 2007, 10:02 AM

Legally no unless they are helping or paying some money to you, they are guests and you could merely change the locks on them when they aer not home. And the same cops that would not help you, will not help them either.

But if they are considered a tenant, you give them a 30 day notice to move out. When they don't, you file a eviction with the housing court at your county court house ( or city court in large cities)
There will be a hearing and a notice to move will be given by the judge. At that point if they still don't move, they send officers out to watch as you move all of their belongings to the curb.l

dreemr57 · Jul 27, 2007, 12:41 AM

Originally Posted by excon

Hello dreem:

Legally, I think they're trespassers. However, I believe the cops are too lazy to get involved in what they consider a family or at best, a landlord tenant dispute. The cops and I don't agree. It's not the first time.

If the cops won't put them out as trespassers, then they're tenants and you'll have to evict them. It's really not hard to do, and it'll take about a month - maybe less.

However, you're gonna need to step quickly and decisively. The first thing you need to do is go read your states landlord tenant law. We have a copy right here at the top of this forum on a sticky note. Most of the states laws are not very complex and they're easily understood. It will tell you the exact steps you need to undertake. Hopefully you live in that kind of state OR even better, you may not need to utilize the courts.

If they don't have a lease, they're considered month to month tenants. Give them a written 30 day notice to vacate. Type it on your computer. Say it simply - you need to say no more. Send it to them certified, return receipt requested. Send another copy by regular mail and HAND them a copy.

If they think you're going to follow through, that and that alone might get them going. If not, you'll need to take the next step. Your state law will dictate exactly how this is to be done, but I can give you an idea.

If, after 30 days, you issue them a 3-5 day notice to pay rent or quit. Then you file an unlawful detainer lawsuit in your small claims court. It's quick, cheap and easy to do. It may be called something different in your jurisdiction. There will be a hearing. They'll lose. The judge will give them maybe two weeks to move. If they don't, the sheriff will put them and their stuff on the street.

Go to it.

excon

oh my, I'm acttually in tears reading this.. I'm so frustrated.. . Today, was so hard.. but.. its my fault for not doing anything.. but talk talk talk.. I've been telling them to get out to get to get out. So I'm going to do it step by step.. your way... I just need a place to start from.. and just to let everyone know.. that when the police have come every time my son has stolen something or broken something of mine, the police say.. that they can't do anything. Even if he's broken a possession of mine. He's hurt my puppies, by kicking them, I've had to take one to the vet , and still I've tried to work it out. And no they are not paying tenants.. I've found out from the police that they are called
NON TENANT OCCUPIERS , a person who has legally taken over your residence, because you've allowed them in your home.. and not made them leave.. so if the person stays a week and starts recieveing official us mail , they are legally here to stay.. basically in the old days SQUATTERS.. anightmare no one should have to go through.. out of respect they should have left.. but. . why.. they've live in my home for free for near 1 year now.. and I'm scared to charge them rent because the law says.. then they deserve the rights of the entire home.. at this time.. I've confined them to the kitchen and their bedroom/bathroom/diningroom/and yards.. but not my bedroom or my living room.. -- just a quick note... they are now, taking possession of my cabinets and rearranging their belongings and taking my things out of my home, and moving thiers in... that's why we are in a fight at this time.. sorry for long reply--- thanks again... dreemr/gloria

dreemr57 · Jul 27, 2007, 12:47 AM

Originally Posted by Fr_Chuck

Legally no unless they are helping or paying some money to you, they are guests and you could merely change the locks on them when they aer not home. And the same cops that would not help you, will not help them either.

But if they are considered a tennant, you give them a 30 day notice to move out. When they don't, you file a eviction with the housing court at your county court house ( or city court in large cities)
There will be a hearing and a notice to move will be given by the judge. At that point if they still don't move, they send officers out to watch as you move all of thier belongings to the curb.l

I was told by the local police if I changed the locks or did anything I can get arrested because they are tenants, even if they are not paying rent. They've legally squatted their way in.. Because I've let them stayfor as long as they have..

shtpmom · Jul 27, 2007, 08:30 PM

Go talk to someone at the magistrate office TODAY tell them your story and they will direct you as to how and get them out of your home. This may take a couple of weeks but you will get them out! Don't wait!

dreemr57 · Jul 29, 2007, 11:25 AM

I finally got a restraining order, Friday.. 7/28/07 for my son.. and a 60 day notice to quit for the girlfriend.. I was told. I have to legally give the girlfriend 60 days notice to move .because of the amount of time she's lived in my home.. I'm from California.. . Then after that.. if she still doesn't want to.. I have to get a unlawful detainer from the courts.. then.. again.. wait for court day.. so I have maybe 3 months total more to go.. hopefully.. I will have her out.. my son could be let back into my home in 20 days.. because I just have a restraining order for his violence. Thank you all for all your help.. it really made me move on this. . For anyone else.. reading my story.. every day gets worse. For anyone letting family members in their home, make sure you have a contract if its for more than 1 week.. if its only a few days.. make them leave after a few days.. or you will be stuck with them and all their bills. They've piled up on you. Phone, gas, water. Food, etc etc etc.. Thanks again.