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    baincristina's Avatar
    baincristina Posts: 20, Reputation: 1
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    #1

    Jul 5, 2008, 10:30 AM
    Son moving out with my stuff
    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
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 5, 2008, 10:42 AM
    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?
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #3

    Jul 5, 2008, 10:44 AM
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 5, 2008, 10:46 AM
    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.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #5

    Jul 5, 2008, 10:49 AM
    Quote 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.
    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.
    baincristina's Avatar
    baincristina Posts: 20, Reputation: 1
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    #6

    Jul 5, 2008, 10:50 AM
    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
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #7

    Jul 5, 2008, 10:51 AM
    Quote 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?
    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!
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #8

    Jul 5, 2008, 10:54 AM
    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.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #9

    Jul 5, 2008, 11:02 AM
    Quote 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.
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Jul 5, 2008, 11:09 AM
    Quote 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.


    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.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #11

    Jul 5, 2008, 11:16 AM
    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.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #12

    Jul 5, 2008, 11:17 AM
    [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!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Jul 5, 2008, 11:19 AM
    [QUOTE=rockinmommy]
    Quote 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!


    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!
    baincristina's Avatar
    baincristina Posts: 20, Reputation: 1
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    #14

    Jul 5, 2008, 11:36 AM
    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.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #15

    Jul 5, 2008, 11:39 AM
    Few more pays? Or few more days?

    Few more pays... go for an eviction notice.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #16

    Jul 5, 2008, 11:46 AM
    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
    achampio21's Avatar
    achampio21 Posts: 220, Reputation: 15
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    #17

    Jul 5, 2008, 12:00 PM
    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
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #18

    Jul 5, 2008, 12:19 PM
    Quote 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.
    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.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #19

    Jul 5, 2008, 01:26 PM
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #20

    Jul 5, 2008, 01:27 PM
    Quote 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.


    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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