unwanted guest

[Kathy]

I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the f*ck can I do short of killing him? He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. Can anybody give me some advice? The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave.

[Pasar]

"Kathy" wrote in news: [e-mail]:

I'd check with an attorney. Depending on where you live, he could have renters rights and you may have to evict him.

If he's got underage girls or you smell funny smoke you can call the police and he'll get arrested. Then quickly change the locks after he's taken away. Easier said than done, I suppose. Pasar

[effi]

move his stuff out of the in-law suite and get the door lock(s) re-keyed (or changed)

call a law enforcement official when he shows up so he understands he is no longer welcome there

based on what you've said he has paid no rent (monetary or otherwise), and, if so, he has not fulfilled his legal responsibilities so what would any renter's rights be based on?

consult with an attorney on the legal issues (this one is for home repairs)

find an appropriate newsgroup for this discussion and/or find someone offline to help you through it

[Brian]

Start simple turn the breaker off that feeds his Room. I doubt he will stay to long with no electricity.

[Mark]

Where is your daughter in all of this? Perhaps she may be able to reason with her "friend" better than you?

Boy would I welcome this challenge in my house!

First, as soon as he left to go anywhere, I'd haul every bit of his stuff away to the city dump with my truck. Gone. Never existed.

When he comes back and starts ranting, you call the cops and have the delinquent arrested for trespassing. Who do you think the cops will believe, a reasonable adult or a punk kid who's probably well known by the police?

He's not a renter. Never has been. Where's the contract? Since he's never paid you, there's no paper trail proving he's ever 'rented'. He's a squatter. They have no rights except in some backwards ass states like Florida.

[Clark Griswold]

Be very careful how you handle this. Tenant's rights is a very tough hurdle for the landlord to overcome. Document everything. **Consult with a lawyer trained in landlord/tenant disputes.** You will probably end up evicting the tenant. Once they get in and refuse to pay it could take upwards of six months to get them out. Make sure you do everything by the book. Follow all codes. Do not enter their apartment without their approval. If you make one mistake it will be a strike against you when you eventually take this sob to court.

Remember it is your house, but its there apartment. And the law tends to lean in the tenants favor, especially if the landlord doesn't follow the book. Did I say consult with a lawyer trained in these matters?

Did you have a signed lease agreement with the tenant? Check with your local government - local, state, whatever to find out what you *must* do.

Once you get this sob out (or before would probably be better) you can rent the movie Pacific Heights. Good flick about a dream gone sour.

[Mark]

Unless there are monetary trail or a lease/rental agreement, he is not a tenant. He's a squatter.

I'd like to know if there is a paper trail (bank records or contract) proving some type of rental arrangement.

[Kathy]

It's not an apartment. It's an in-law suite. There is nothing on paper except the note he wrote us whick I never got. He has quit talking to my daughter. His mother doesnt want him so bad that I'm sure she's behind his ranting. Most of the stuff in there is mine. He had to bring his bed because my son took his.

[Clark Griswold]

Just read the other posters comments.

Do not turn off the breaker, or anything else. Don't change the locks, or move their stuff out. Be very cordial with this sob. But, your goal is to get them out. You will succeed, but don't screw it up by doing anything to make it uncomfortable for this tenant. I don't want to scare you, but if you do the wrong thing you could lose your house. It will cost you some money, but its a lesson that must be paid for. Did I say consult a lawyer?

[Marcus]

Beat him up, tie him up, take out in to the hills, make him dig a grave, make him kneel in it and then pull an empty chamber on him.

Then get him to strip and drive off with his clothes, this a..hole needs to learn a hard lesson in life and soon !!!.

What kind of pussy is your husband to have let things go so far !!!.

[Kathy]

There is not a paper trail. He gave $500 towards utilities and tried to create a paper trail by giving my husband a money order made out to cash but I got one of his (former) friends to cash it. I'm sure his mother told him to pay with a money order. He's 22 years old, if that matters. When he camehere it wasso he could be closer to a bus route so he could get a job. He ended up gettingajob at WAWA. Not the kind of job he told us he was after. He had said he was after ajob at the newspaper. I arranged an interview for him and he never showed up.

[Kathy]

I do have a bag of lime in the garage......

[Matt]

You people have been watching that Michael Keaton movie too many times. Go buy two nice Louisville sluggers, call your son up, give your husband and your son each a bat, and send em on up.

He will leave.

[Percival P. Cassidy]

I think you should find out when and where your local TA (Trolls Anonymous) group meets.

Perce

On 01/26/05 10:16 am Kathy tossed the following ingredients into the ever-growing pot of cybersoup:

[Mark]

No paper trail = squatter. Move his stuff out when he's away and call the police after he returns. Again, his word against yours.

[Dee]

I know it's tempting to beat the living shit out of the little freeloader, but if you think you're mad now, wait until a judge orders you to recompense him for his belongings, "pain and suffering," etc.

You can do no wrong by filing a formal eviction. It doesn't cost much and covers your ass. ASSUME he has tenant's rights, because even though laws vary from state to state, he does have rights - rights you gave him. The fact that he doesn't pay and broke the verbal contract is of no consequence at this juncture; you still have to do a legal eviction, just as you would if you had a written contract.

Contracts don't mean a thing once you've provided a space for another human to reside. As such, it has to be inhabitable. So don't cut off his electricity or water, much as you want to (and in my opinion, have a right to!). Don't dispose of ANY of his belongings. Go the formal route. In the long run it will benefit YOU. Next time don't let anyone live in your property without a legally binding contract, background check, and deposit/first month's rent up front. I speak from experience; I was a landlord for 15 years.

[Dee]

I know it's tempting to beat the living shit out of the little freeloader, but if you think you're mad now, wait until a judge orders you to recompense him for his belongings, "pain and suffering," etc.

You can do no wrong by filing a formal eviction. It doesn't cost much and covers your ass. ASSUME he has tenant's rights, because even though laws vary from state to state, he does have rights - rights you gave him. The fact that he doesn't pay and broke the verbal contract is of no consequence at this juncture; you still have to do a legal eviction, just as you would if you had a written contract.

Contracts don't mean a thing once you've provided a space for another human to reside. As such, it has to be inhabitable. So don't cut off his electricity or water, much as you want to (and in my opinion, have a right to!). Don't dispose of ANY of his belongings. Go the formal route. In the long run it will benefit YOU. Next time don't let anyone live in your property without a legally binding contract, background check, and deposit/first month's rent up front. I speak from experience; I was a landlord for 15 years.

[Kathy]

I'm NOT a landlord!!!!!!

[bumtracks]

you can call your local police department and usually get some pretty good free advise. Neighbor evicted a non paying tenant by offering her a months rent in cash if she'd leave within a few days. She took the cash and instantly left & of course he instantly rented it to another non payer.

[m Ransley]

Contact an atty even better the police will know the rights he has in your area and it is free advise. Normaly give him a 5 day notice you purchase these at office supply stores, then file in small claim. Dont cut his heat, electric, locks, or anything, he has legal rights and it will all come out eventualy against you, dont lie on his payments or work, he may seek revenge. You may not even have legal rights to enter his apt now since it was not in writing. I rented a house the tennent was 3 months past due, they called the police when I came out, the police made me leave my house, because I did not have on the lease I could enter anytime. Find out your and his rights before anger gets you in trouble, follow the law on this, you are going to loose either way but you will learn. Do something out of the law and you will regret it in court. A 5 day notice usualy wakes them up fast. If he has partys call the cops because you suspect drugs or underage drinking this jerk will ride you , let him know it is time to go, nicely, legaly. in writing.