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    Vietnam Veteran's Avatar
    Vietnam Veteran Posts: 2, Reputation: 1
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    #1

    Jul 30, 2008, 08:34 AM
    Getting a family member to leave my home when I move
    I presently lease a home and my name is the only one on the lease document. My daughter (39) and grand daughter (15) are listed as occupants. My daughters boyfriend also lives in the house.

    I am in the process of buying a condo for myself and feel that my daughter will refuse to leave when I tell her that I am moving. I plan to give her 60 days notice.

    I have an excellent relationship with my Landlord but don't want to get her involved unless absolutely necessary.

    Other than just leaving and turning off all the utilities, how would you suggest that I go about this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 30, 2008, 08:36 AM
    If she refuses to leave, the landlord is going to have to evict her. You will continue to be responsible for the rent while she occupies the premises. You can then sue her for those costs.
    Vietnam Veteran's Avatar
    Vietnam Veteran Posts: 2, Reputation: 1
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    #3

    Jul 30, 2008, 08:49 AM
    Quote Originally Posted by ScottGem
    If she refuses to leave, the landlord is going to have to evict her. You will continue to be responsible for the rent while she occupies the premises. You can then sue her for those costs.
    Am I within my rights to turn off the utilities when I leave?

    My daughter has ruined her credit and would have to put down enormous deposits to re-connect the utilities.

    Please do not be offended, but are you a Real Estate Attorney?

    My reason for moving is because in the past 2-3 years my daughter and boyfriend have been unemployed for periods and I have had to pay for everything.

    I am a Disabled Veteran on a generous pension, but quite frankly am kind of tired of supporting two adults.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #4

    Jul 30, 2008, 10:41 AM
    What state are you in?

    Have you given your landlord notice? Personally, as a landlord, I'd like as much notice as possible that there might be a problem. (Unless you plan to continue paying the rent until the unit is vacant.)

    You may be able to legally take the utilities out of your name on the date you move out. However, if the deadbeats stay past that w/out utilities on things get pretty gross, pretty fast. It may wind up leaving a HUGE mess for you or the LL to contend with. And if your landlord has a "leave-on" agreement/landlord agreement with the utility providers they would just shift back into her name anyway.

    Yes, I definitely think you should work WITH your landlord on this. Let her know that you will make this right and don't expect her to DO anything right now (unless she has a solution). I've had a couple of situations where I worked with a tenant to get a bad roommate out or something.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 30, 2008, 11:00 AM
    Shutting off the utilities is an iffy deal here. On the one hand you create an uninhabitable condition which could get you into trouble later on. It can also cause damage to the premises that you may be held liable for. On the other hand, you shouldn't have to maintain utilities for a place you don't reside in. Since your daughter and granddaughter are listed as occupants, they are really not your tenants and that may give you the right to close your utiity accounts. Its really a hard call.

    No I'm not a Real Estate attorney, but I have enough experience and knowledge in this area to be confident about the validity of my answers.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #6

    Jul 30, 2008, 11:06 AM
    In my state you really can not turn utilities off if somebody is living there especially the water
    You would have to leave them on and the utility company eventually turn them off for non payment. Then they makes your credit bad.
    You can call the utility companies and ask what their policies are in a case like this.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jul 30, 2008, 12:46 PM
    Normally no, if you turn off the power or water, the tenant can actually sue you, since you have been providing them.

    You will need to get and keep the landlord involved
    0rphan's Avatar
    0rphan Posts: 1,282, Reputation: 240
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    #8

    Jul 30, 2008, 02:44 PM
    Can you write letters to all the utility companys, when you post them be sure and get proof of posting.

    That way you can explain when you are moving (date ) and say from that date you will no longer be responsible for any of the utilities provided at that address, keep a copy, at least you will have it in writing,should it go further.

    You can also give your daughter notice in writing, keeping a copy, also a witness would be useful on delivering it to her.

    The same applies to the landlord giving the moving date and stating that you will no longer be responsible for any rent there after, you could also mention that the other occupiers of the household have been informed... keep a copy.

    You are giving fair warning to all concerned, giving them plenty of notice to find further accommodation,the utility companies should realize this as well, you have given plenty of warning.

    I think you need to serve these notices as soon as possible, if you should have problems.

    Seek legal advice.

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