unwanted guest

[Here to there]

You are now, and have been for the past few months.

- Rich

[m Ransley]

Wake up Kathy you are a lanlord now and must behave as one or you will never win but may loose big. He has rights like it or not, you gave him those rights.

[Andrew Neilson]

I am reminded of the time that the US Army was trying to get Noriega out of the Vatican Embassy - They played very loud rock music day and night until he couldn't take it anymore and surrendered. If there is something that you can do that causes noise, but can be claimed to be normal household activities, he may get fed up and leave.

[Art]

Most real estate contracts have to be in writing so I doubt he has any rights. Furthermore a contract to be binding requires consideration which means both sides need to give something of value. He hasn't so I doubt he could argue a verbal contract even if verbal rental agreements are enforcable in your state which is doubtful. Throw him out.

[Dave]

Kathy, This newsgroup is a dangerous place to try to get advise, since just about all but one poster is completely wrong. If you follow the kick him out, move his stuff, call the cops advise, he will certainly have a legal claim against you, and he will win, despite whatever the posters here say. I don't know your state, but he likely has what has been referred to here as "renters rights" whether he has paid you any rent or signed a contract, or not. You have to go through an unlawful detainer (eviction) action to legally get him out. Don't worry, it's inexpensive. Call your local bar association and they can put you in touch of a landlord assistance group or someone who can do it pro bono if you can't afford an attorney. To handle it any other way is not only wrong, but illegal. Also do a search on misc.legal newsgroup for "unlawful detainer." You will get more info than you need.

I am a lawyer, but not your lawyer and this post is not intended as legal advise and does not create an attorney/client relationship. Good luck, David

Kathy wrote:

under-aged

[m Ransley]

The best that could happen is if he got busted for drugs or underage drinking, he would be gone immediatly. Get legal advise, call your police dept and an atty.

[Doug Miller]

[snip]

[snip]

[snip]

Just one question, Dave: How'd you manage to graduate from law school without learning the difference between "advise" and "advice" somewhere along the way?

[HorneTD]

Oh great. No we have spelling police. I have news for you pally. People who have dysgraphia and related ailments cannot spell properly to save their lives. That does not make them unintelligent or incompetent in their own profession; unless of course they are a grade school spelling teacher.

-- Tom H

[Mortimer Schnerd, RN]

If you were really a lawyer, you would know how to spell "advice".

[xrongor]

same way you became a grammar nazi...

randy

[David Martel]

Art,

A lease is not a "real estate" contract. Leases do not have to be in writing in many locales. Often month to month leases are verbal. It sounds as if this fellow moved in and paid for his room by running errands initially. That he is now a deadbeat does not mean that he is not a tenant. The OP should assume that he is a tenant and do whatever the local customs require to evict him. On a practical note it sounds as if the tenant does not have any money (and so is not worth suing) and the landlord does not have a security deposit so it would be best to try to ease him out.

Dave M.

[xrongor]

f*ck the kid. do it twice. then next week tell him you're pregnant....

ask a stupid question....

randy

[xrongor]

and if you really had a life, you wouldnt be the SECOND grammar nazi to point this out.

randy

[Jeff Wisnia]

This thread is scarey!

We usually put up visiting professionals we've never met about once a year or so when the Rotary Club I belong to participates in a "Group Study Exchange" with a Rotary club in a different part of the world. We house them in our now unused nanny suite for a week. All of those Rotary visitors have been great guests, and probably have been pretty thoroughly screened by the club sponsoring them, so chances of one of them turning into a "Kathy's nightmare" are slim, but it's something to think about....

If contracts don't mean anything, how do these things work in hotels? Can a deadbeat with more debts than assets pay for one night in a hotel room and then refuse to vacate it until the hotel goes through all those proper legal steps?

Or are hotels covered by a different section of the law?

My curious mind wants to know.....

Jeff

[Dee]

:::sigh::: My point was, I speak from experience. I was trying to help you.

[Edwin Pawlowski]

I don't know all the legal ramifications, but I've read stores in the paper. People would be put up in a room by either state welfare organization or charitable organizations for a specific time. Then they would refuse to move out after that time. It then took a court order to get them evicted. I don't know if the typical overnight guest would have those "protections" or not I'm sure much of this varies by state also.

[Matt]

Hmmmm.... is it 'pally' or 'pallie'?

[effi]

that would be assualt, and if the bats are used to hit him, battery, nevertheless, at a minimum assault, good thing your plonked

[Matt]

You really are as dumb as you look, aren't you?

[effi]

that changes things, you didn't mention that in your original post, you need legal counsel