Check out some similar questions!

caroline63 · Sep 17, 2012, 11:04 AM

I own 2 homes in Massachusetts. I allowed my daughter to move into one of my houses in 1995 because she got divorced and had 3 small children. I have never charged her rent; in fact, I have financially supported her for 17 years. I need to have her move out of the house so I can sell it and move on. We are not on speaking terms and I fear what she may do to my house if she is given notice to vacate. Before she moved into my house, the bank foreclosed on hers. She destroyed the house because she was made at the bank. My daughter is 49 and her youngest child is 24. The only child she has living in my house with her now, is my 27-year-old grandson. She was suppose to help take care of my wife and I as we got older, but she stopped recently when we had no more money to give her. The year before that, she talked us into buying a 4 door vehicle instead of our 2 door because we having difficulty getting in and out of the car when we had doctor appointments. I made a huge mistake, paid cash for the car, and put it in her name. Now she will not take us to the doctor or help in any way. Please resist comments about the mistakes I have made. I am well aware that I have been scammed. What can I do to protect my home and make her move? Do I have to treat her like a tenant even though she has never paid rent? I need to sell that house so I can afford to live and keep the house I live in with my wife. Thank you

AK lawyer · Sep 17, 2012, 11:22 AM

As you appear to be aware, usually one has to give a tenant prior notice to evict. Your concern is that, with her history, she may intentionall destroy the place should you give her prior notice.

Hopefully you do have the property insured. If so, should she trash the premises as you fear, you would be covered, other than the deductible.

Other than that, the only option I can see for you is to speak to an attorney about getting some sort of temporary restraining order, and perhaps an order requiring her to post a bond.

joypulv · Sep 17, 2012, 11:38 AM

Tell her if she wants an inheritance (!! ), she gets out now and leaves it in good condition. Why does she resent you so much? Is your wife not her mother, and she has never forgiven you? (None of my business in a Law Forum, unless you want to say.)

caroline63 · Sep 17, 2012, 12:14 PM

Originally Posted by AK lawyer

As you appear to be aware, usually one has to give a tenant prior notice to evict. Your concern is that, with her history, she may intentionall destroy the place should you give her prior notice.

Hopefully you do have the property insured. If so, should she trash the premises as you fear, you would be covered, other than the deductible.

Other than that, the only option I can see for you is to speak to an attorney about getting some sort of temporary restraining order, and perhaps an order requiring her to post a bond.

Thank you for your answer and advice.

ScottGem · Sep 17, 2012, 01:54 PM

First, please don't presume to dictate who can respond to your posts or how. Once you post a question you open yourself up for any answer that doesn't violate our rules.

As AK noted, you have to go through the eviction process unless you can find some grounds to get an eviction order.

But there is one other possibility. Since you own the property, you can move someone in to protect the house. A security guard for example. Then if she starts treashing the place he can call the police.