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Additional Details
seriously, shes really struggleing and has a heart condition.... |
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 What if I dont have a lease with the tenant, and they are not paying rent and are refusing to leave? |
what are my rights as a landlord that have tenants without a lease and refuse to move after not paying rent.
Do I have to go through the eviction process or can I just change the locks and lock ... |
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Linda C | Can my elderly mother evict her two freeloading tenants by putting there belongings outside and changing the l |
ocks? They are tormenting her! No written rental agreements, no rent paid since nov. 06. served a 3-day notice, served eviction, obtained restraining order (judge made it for 5 feet away only. They are pouring out her sundries, leaving water faucets on, lights on, entry doors unlocked when leaving, brand new set of golf clubs mysteriously grew legs and left. ANY HELP WOULD BE GREATLY APPRECIATED... I'm worried this stress is going to cause her health problems. |
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ca_surveyor
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All this depends on what state she lives in (or country).
If this is Their home then the worst thing your mother could do would be to put their stuff outside. That amounts to an illegal eviction and they could actually sue and likely win. That could be a HUGE award (think Losing the house).
A Three day eviction notice is NOT one. Make no mistake about that. It is simply a notice to pay or quit. A real eviction will take up to MONTHS if the 'tenants' choose to fight it. some ideas in the suggestions below but first..
As far as the issues and thefts...
You need to document the losses somehow (nannycams?). If you can document thefts you can have them arrested (which may get them out of the house). If you can document abuse you can also have legal action taken...
so.. having said that.
1) You need to get an eviction order started. You do not have that process going yet.
2) You must first serve them a 30 day notice. That is the first basic move. If you have done that then you are in the 'wait and see' mode. You need to find out from the tenants if they indend to leave.
3) It sounds like you are definately going to need an attorney to do this right. But first you may consider that the money spent for an attorney may be better spent. A friend of mine figured it was going to cost over a thousand dollars to pocess an eviction as well as three months of time and lost rent. He went to the tenants and paid them the thousand dollars to move out the next weekend. He got signed and notarized releases and confirmations and exchanged those and the keys for the money on the move out day. This may be an option for you to consider.
4) If there are specific areas that are off llimits to them.. lock and secure them. As much as possible minimize the areas that are common or accessible by the tenants. This will save other issues.
5) It sounds like you are going to have to act for your mother. You should consider getting a power of attorney to act for her in this matter. That way you can minimize so of her stress - just keep her informed.
good luck |
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hobo
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I would say yes & yes however if these tenants are always home call the Police |
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Mr Wisdom
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It depends on the state. Each state has its own laws for evicting tenants. Consult a lawyer. If they are harassing her she should call the police. |
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anoldmick
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She's going to need the assistance of legal aid - check with that judge's office about how you access that service. It'll take a little time, but she definitely has cause to take them to small claims court. |
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comtnman2003
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If there is nothing on paper then hands are tied. However this could also be helpful. I would say that if she owns the property and without and sort of paperwork filled out of leasing agreements she can go ahead and change locks. She owns the location she can do what she likes. You dont even have to move their stuff out. Without papers you dont need to notify. Another approach would be to call the cops and report trespassers and vandalizers in the location. They cannot dispute that they are renters becaue again of no papers and will have to leave the premises. |
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John W
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If an eviction notice was served, all she has to do is call the local police dept. If the tenants are in violation of the order, the Police will evict them (forcibly or other). |
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Coyote81
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No rental agreement means they technically do not live there. As long as she gives them time and opportunity to retrieve there belongings she can change the locks and go buy big nasty dog and sick it on them next time they come around. |
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Brandi N
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She can but she needs to call the police first. I live in Missouri and they actually have a special task force for evicting tenants. Once the police arrive she can go in their living space and put all their belongings, in a polite manor, in front of the property. What happens to it afterwards is not her problem. She can do this now because she has already served an eviction notice. She can also take them to court for back pay on rent, but I warn you now this will only cause more headache and will probably cost more in the long run. Not only that but they usually don't pay unless they plan on buying a house anytime in the future. Hope this helps! |
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saved_by_grace
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It depends on what state you are in . In Texas, she would have to go through the legal process of giving them a notice and then filing an eviction in court...if they can prove that they have been living there (utility bills, mail delivered to the address in their name etc....) The police department considers this a civil matter and usually do not get involved. |
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charlotte q
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If she has no written rental agreement with them then they are trespassing. Call the police.
Also, go th the police department and pick-up some business cards.
Start putting them on and under the front door of the unit. this generally works to scare people away!! |
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Matty M
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If you mother has already filed an eviction notice then she should abide by that. If they have been served eviction papers then on the day stated they have to be out and a police/sheriff officer should be there to evict them. Other than that she cant do anything. |
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sdklos
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I would guess, yes she absolutely can and should do that. |
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♥For3v3r♥
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Absoluetly |
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