val f1 nutter
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if he is not on the tenancy agreement then he has no rights at all to the property (or in this case staying in it). He could, on the other hand, have rights to anything he puts into the house, ie furniture, if he refurbs the kitchen etc. If you are in real doubt contact your solicitor for reassurance.
In the meantime, keep your fingers crossed things don't go sour, he could be your future son-in-law |
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mr308red
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You will most probably find that Tenants have more rights then landlords. Even if your daughter is living in the house rent free, its worth writing up a rental agreement to cover any legal issues that may arise. If your daughter and boyfriend split up he may make a claim against the house if he has been there for a while. |
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cliff_occo
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I don't think you have created any tenancy, even for your daughter. She is there as a member of your family and could be asked to leave at any time. However, informal arrangements of this nature can often lead to problems. What I would suggest is that you grant both a shorthold tenancy (you don't have to charge rent, but could show a nominal figure like £1) which can be determined at any time after the initial six month period and if a notice to quit is ignored, there is a speedy and quick method for obtaining a court order for eviction. Packs for such tenancies can be obtained at places like W H Smith.
Later - the answer which suggests non payment of rent doesn't create a tenancy is plainly wrong. It would entirely depend on the circumstances. If there were an argument, it would be far more expensive to resolve than if you had a formal shorthold. DO NOT under any circumstances just walk in and change the locks. That could result in your receiving a criminal record for harrassment and be involved in yet more legal fees if there were a dispute over what had happened to personal possessions. Any new tenancy created after 28 February 1997 is a Shorthold, formerly Assured Shorthold. You do not have to use a solicitor - packs are avaliable ot WHS as I have said or, indeed, downloadable if you search 'Shorthold Tenancy' |
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aanyel
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If things go sour between her and her boyfriend, she will probably kick him out herself.
If he stays, and is becoming increasingly hard to get rid of, if he isn't on any tenancy, which I'm assuming he isn't, you can get cops involved as he shouldn't be there unless your daughter wants him there. If not, the fact you own the house should mean something in it's own right :) |
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hudainharem
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Tenant laws differ from country to country but the rule of thumb usually is that if you can prove that you own the place and if you've a contract with your daughter in place and that it is in her name and your name, then i don't believe he will have any rights to stay there if things go sour.
If there is no contract, you can choose to give the person notice after proving that you own the place.
You can , if things get stubborn, choose to evict the person.
My recommendation is that you form a contractual agreement with your daughter and put in the clause that the tenant should vacate within a month/week's notice. if the boyfriend wants in on the contract, take a deposit. |
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BARRY B
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If there is no rent paid there is no security of tenure as no tenancy is created. Therefor whatever you do, do not accept payment from either your daughter or the boyfriend for anything as it could be construed as rent. You have a perfect right to evict either or both person(s) if you so choose without recourse to the courts. Remove their personal possessions, and change locks as appropriate if you wish. p.s. just read previous answer. DO NOT issue a shorthold. You will end up with legal fees from a solicitor and the court which is totally unnecessary. |
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josejr226
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it depends on if he has his name on the lease, other than that his rights are all basically in his property. He's just got the right not to have them broken or stolen by anyone. |
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Mutya P
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He has no right. In case he shares in paying for the monthly bills, maybe, you can compromise with them. But you need to confront them as early as possible for you have all the right to know.
Take care and GOD BLESS! |
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estielmo
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She is a m2m "renter" and you can change to terms at will with 30 days notice.
I would inform her in writing that you are instituting certain changes in her tenancy. You do this to protect your interests with a stranger moving in. (Actually, you could forbid an additional tenant if you have the guts.)
I would have the boyfriend fill out a formal rental application including a credit/criminal check. I would institute a set of professional, objective rules that all tenants are required to abide by. Here is one sample set (cut and paste and alter it to fit your needs): http://stlouislandlord.com/c-hhla/paperwork/RulesOcc.htm
Also (if you have the guts) I would put her on notice that effective October 1 you will be charging her full market rate for rent. You don't want the boyfriend just shacking up with your little darling so he can get free rent. You can always "rebate" her half with cash birthday and Christmas gifts, or simply bank it for her as a rainy day fund. |
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GWB
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If he is not on the lease, you will have to file an eviction on her.
In many states if he is getting mail there and or after so many days of living there, that is your only recourse.
He is not trespassing as she is allowing him to live there.
Some states even have what they call a toothbrush law.
That is, if their personal items are in the unit, they live there.
She has breached if you have a written signed lease.
He has not, as he is being allowed by your daughter to stay.
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olpi65
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I think to be on the safe side ,if he is there for a few months seek legal advice |
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alwayshere42
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There is nothing you can do. He is a joint-tenant and you would have to go through the same procedures as if he were a rent paying tenant. 30 day notice if there is no written agreement, take him to court and hope the judge is in a good mood and evicts him. Other than that, it's sad to say but you may be stuck. |
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Daisyhill
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No. He doesn't..he is basically a guest....if it went wrong and you wanted him out all you have to do is tell him to go...if he wont you wait till he is out...change the locks and call the police to inform them that there may be trouble....if he comes and tries to gain entry then you call the police and have him arreted for breaking and entering. |
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NeighborLady
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Unfortunately, he has squatters' rights. All that means is that he has the right to due process of an eviction. |
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Debra Erics
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You sound crazy. It's your home, he signed no lease, you can get him out when ever you want. He's a squatter. lol
Your daughter is taking advantage of her good fortune. I would not have tolerated it. I would have them sign a lease and pay rent, or move the heck out. |
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txbananas_4_peyton
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You own the place, so you can kick him out anytime you wish. And the face they don't pay rent means they have no hold against you. |
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Gemma
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If it is a joint tenancy yes he has rights, it depends whether she has included him as a tenant and he has signed the contract jointly. Otherwise no, he has no rights
lol @ thumb down.. this is true - he has no rights unless he signed a contract.. I don;t understand some people |
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Birdie2006
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I am assuming there is no contract between you your daughter or her boyfriend? If there is no formal rent being paid then there is no contract, which can exist even if there is nothing written but a person accepts money (its a variation on the verbal agreement which despite best efforts is still legal). If there is no payment no signed contract or agreement then his rights extend no further than squatters should he refuse to move if your daughter left the property. Your daughter could still be argued to be apart of your household, and that in turn you are still occupying the property, so he would have very limited claim to occupation but this is a grey area. Talk to the citizen's advice who should be able to give you more firm guidance. |
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mike240483
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i would think he has no rights unless he signed a tenancy agreement. |
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Empress
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well who pays the rent there then? you? I am assuming neither of them have a contract with their name on it? if so they have no rights and you can kick him out today! |
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