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Yves Isaki | Help with eviction process...?(loophole)..? |
My mom is trying to evict a tenant which is our sister. She's 29 and refuses to leave. We live in Washington and she called the cops on us cuz she's crazy and they said that you have to give a 30 days notice. We did that but she refuses to leave. So we're trying to go for a eviction lawsuit. However, everytime the police came they might've been under the impression that my mom actually was a "landlord" and she was a "tenant", but there was never a contract in the first place; she's just been living for free refusing to pay rent for 9 years.
Can we just throw her out since there was no contract?
In Washington state, apparently if someone lives in your house for several days like 5, they become your tenant apparently. I don't know if this is erroneous because we have no contract and my mom is not a landlord it's our private house. |
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Landlord
|
Have the police serve the 30 day notice, it costs about 50 bucks. In 30 days they will come get her out, free of charge. As long as your mother owns the house and lives there too you do not need to go to court. You do need proof that the bum was properly served though, the reason you pay the sheriff to do it. |
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Expert Realtor
|
The police cannot physically remove a tenant from a place where they are living without a COURT order telling them that an eviction has been granted.
You can't throw her out on the street...even if there was no blood relation, you still can't do that.
If you do, believe it or not, she can sue YOU.
Just go to court, file for an eviction, and when you get the date, and she doesn't leave THEN that is when you call the cops and they will remove her....b/c you'll then have a court order. |
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bull_rooster_aardvark
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I've never really dealt with this but a quick google search seems to confirm that even for a son or daughter (who is not a minor) you have to evict them to get rid of them. So, keep going thru the process and best luck. |
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accessrealtygroup@sbcglobal.net
 |
Im in texas but in that situation i would send a 30 notice to vacate certified. after that I would start the eviction process on the basis of owner wants possesion. Do not file on the basis that money is owed. We have smalls claims court here that is administated by the justice of the peace. Contact whatever local court handles this and ask them. |
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Trouble
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She is a tenant. You have to give her proper written notice to terminate her tenancy. If she does not move per the notice, you then have to file for an eviction.
That is how it works, sister or not. She has a legal right to reside there until a court tells her otherwise. |
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estielmo
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oh poop! You are making this a lot more complicated than it need be. She is not a tenant or a squatter, she's your freaking sister. The cops don't get involved. You should NOT be calling them unless there is a disturbance that your sister started. If she starts something don't fight back, call the cops and have her arrested.
I'd simply put her stuff on the front porch and lock the door.
If she IS crazy go to court and get a TRO and try to have her committed. |
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Freddy S
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Have your mom call the police and file a trespassing charge, maybe that will work.
The best thing will be to consult a Legal Aid Attorney most counties have a department that offer free advise.
Good Luck
http://www.wsba.org/atj/contact/legasst.htm |
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arghhhh!
 |
Since I'm not from Washington I am not sure of how easy this would be but I'm thinking maybe getting a temp restraining order in which she is actually removed by the sheriff. she should be considered an unwanted guest and I thought that it was considered lawful but again...I don't live there.(I'm in Wisconsin) call your local courthouse and find out first, also don't forget to request a fee waiver form....it doesn't hurt to try to get this done for free all they can do is say no. Best of luck!!!! |
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Oldwhiteguy2earth
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Expert Realtor sounds like she knows more about this than me. I was successful evicting a tenant once, when I told her, " I can spend the money on a lawyer and evict you or I will give you the money to help you move. Which way do you want it?" I actually hired a guy with a pickup truck to move her back to her mother's house. |
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Ed Atun
 |
. A guest must leave immediately when asked to leave. A tenant has 30 days after notice to leave. Your situation is confused because she has been there so long and no one really knows if she ever paid you anything. So go to Small Claims Court and pay $35 after you have mailed her a 5 day Pay or Quit letter by certified mail. THe judge wants to see your receipt. YOu will have a court date in 25 days. THe judge will hear your sister swear that she paid you cash in full. The judge will ask for her bank statement showing the money. You will win the case. The sheriff will escort her out apx 5 days later. |
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Inla
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To Expert Realtor:
What determines that a person is a "tenant" as a legal status? As opposed to a squatter, a guest, etc? What are the legal differences between those status's and how does one obtain such status? How does a person prove or disprove such status?
For instance: can I just sneak into a persons house while they are away on vacation and then claim tenant status and sue them if they try to make me leave after they get home?
If I allow a friend to stay overnight for a few days or a week or a month or a few months, does he suddenly become a legal tenant and can sue me if I throw him out for being a nuisance and not leaving?
Is tenant status only obtained after a lease agreement is signed and monies are transacted? Or is it obtained as long as a person finds a way to squat in your house long enough?
Obviously all these questions will vary from state to state and maybe even county etc. So how would I find the answers to these questions for Washington State? |
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