[forSam]

Help! My sister-in-law rents from us at our salon and she is behind two months in rent. When she started renting from us about 1 year ago, she agreed to pay rent. She only works one day a week and we gave her the first 2 months rent free to help her get on her feet. When we asked for rent on the 3rd month, she lost it and said that we were wrong to be charging her rent. She actually came to my husband's work and went off on him about how we shouldn't be charging family rent. My husband explained to her that this is a business and was very confused because she agreed to pay rent up front. She told him that she talked to some people and these people thought it was just wrong that her brother would charge her rent. Since then we have had to pretty much beg for rent each month and usually received it in the middle to end of each month. Now she has not paid us rent since June. It just tears my husband up that his own sister is treating him like this. He has tried to ask for then rent and she tells him she does not have it. Although she has money for everything else. She is VERY hard to deal with especially when it comes to discussing money. She is always right and always the victim. Is it wrong to evict her? Any thoughts?

[RickJ]

This is a standard eviction issue. It's tough when it's a family member but the only way to get her out if she's not going to pay is to evict her.

You can file evictions yourself but there is a preliminary notice you have to serve her which varies from state to state. Evictions are easy and attorneys to them for fairly cheap.

I'd suggest giving her a final warning and demand for payment and let her know that you'll be forced to file eviction if she does not pay. If she does not, then give it to the attorney and have him do his job... and you can at least have the peace of mind that you gave her far far more chances than she deserves.

Good luck with it, forSam.

[excon]

Hello for:

I don't think landlord tenant law is applicable. She isn't renting a home. She isn't renting commercial space, as in an office. She's renting a chair. I used to "rent" air time from a taxi company. If I didn't pay my "rent" from the previous week, I couldn't work during the present week. Eviction wasn't an issue.

Similarly, I don't think "eviction" is an issue here either. She didn't pay for the chair, she doesn't get to use it. If she doesn't pay or leave your shop after you've explained all this to her, she's trespassing. Do whatever you do with trespassers.

excon

[momincali]

She doesn't care that she's family, why should you. If you had a verbal agreement, than she has violated that agreement and at this point you have every right, morally and otherwise to remove her from the premises. Excon is right, she is trespassing. Do what you need to do and don't worry about the stink she's going to create or all the people she's going to whine to, they know what kind of person she is. Having said that, so did you, why put yourself in that kind of predicament knowing who she is?? Don't do it again!

[CaptainForest]

Rule Number One: Never go into a business relationship with a family member, because when/if it ends, it will end very badly.

But, there is nothing wrong kicking her out.

Honestly, I would have gotten out after the 3rd month (the first time she had to pay rent and started giving you problems).

Go, give her once last chance, perhaps a week, and then just change the locks and if she tries to get in, call the Police.

[RickJ]

I don't think landlord tenant law is applicable.

excon is absolutely correct. I read your post too fast. :o

I have no knowledge of how this would work.

No, you are not wrong to "evict" her. If it were me I'd give her one last chance of about a week. If she does not pay I'd change the locks and tell her she's no longer permitted there - and call the cops if she shows up again. Now, I'd do that because I'd rather have her pursue me legally than me pay an attorney to do it as he says.

I know it's taking a chance, but hey, that's me. To be sure with what you're doing, consult a local attorney... or go to another salon in the area and speak to one of the managers to see if they'd give you the skinny on how to handle it.

[ScottGem]

As the others have noted this is not a tenant/landlord issue. I think we are assuming that this is a beauty salon and you are allowing her use of a chair.

My recommendation is this. If you want her out, then pack up her stuff. The next time she shows up hand her the box and tell her to find another place. Otherwise, do the following. Draw up a contract for her to sign. In that contract state that she will receive x% of any treatments she performs in the salon. State that payments for treatment are to made to the salon and you will pay her percentage on a periodic basis. As I understand it this is how many salons work. The workers are independent contractors and the shop operator takes a cut off the top. If she won't sign the contract, then go back to the first option.

[s_cianci]

Of course it's not wrong to evict her and you should. Talk with an attorney to find out what procedure you should follow.

[ScottGem]

Eviction is not the right term here. She isn't living in the salon, she is simply using space in it to earn money. Its just a matter of not allowing her to use the space.

[excon]

Hello again:

Scott's right. The correct term for this situation is: No tickee - no washee!

excon

[fed up]

Give the ungrateful wench 2 weeks notice. She will prey on your husbands emotions until the cows come home. She needs to learn that her relatives are not responsible for her or her actions, or lack of integrity. She needs to grow up and take responsibility for herself. God knows she has had enough time. Did you mention how old she is? Has she worn out her welcome with the rest of the family and your husband is her last resort? I have no sympathy for her. She needs an attitude adjustment now.