Legal advice needed - Page 2 - PeachParts Mercedes-Benz Forum

Aquaticedge · #16 08-17-2011, 10:46 PM

do they go shopping or anything? if so, Change the locks.

JB3 · #17 08-17-2011, 10:47 PM

Quote:

Originally Posted by The Clk Man

I would like to do all of those things, but can I just go over there and make them leave?

take a witness, go with some other people so it wont be just your word against theirs if it gets ugly.

The Clk Man · #18 08-17-2011, 11:25 PM

I will do that.

Brian Carlton · #19 08-17-2011, 11:25 PM

Be a bit careful on any of the aforementioned advice. Most of it is factually incorrect.

If you took any money from them, it is considered rent and they have a right to occupy the premises. You cannot simply go over and kick them out as if they were "guests".

They are currently "tenants" and you must follow proper procedure to evict them. This requires you to go to court and obtain a warrant to evict which, here in NY, is executed by the sheriff.

The fact that they have no lease simply means that they are a "month to month" tenant, with all the rights of a tenant. You cannot physically toss them out..........you cannot remove their belongings............and you will get no assistance from the police.

spdrun · #20 08-17-2011, 11:28 PM

Quote:

Originally Posted by Brian Carlton

Be a bit careful on any of the aforementioned advice. Most of it is factually incorrect.

If you took any money from them, it is considered rent and they have a right to occupy the premises.

Depends if there's proof of them paying the money and your accepting it. A month's partial rent sounds like there was a party at the cabin, and they helped by reimbursing for food and booze.

kerry · #21 08-17-2011, 11:30 PM

Go to MrLandlord.com and look up the landlord/tenant laws in your state. Follow them. Brian is correct. Evictions are not hard. Our jurisdiction has the procedure and instructions on the court website. Typically begins was a posted notice to pay up or give the property back.

Brian Carlton · #22 08-17-2011, 11:32 PM

Quote:

Originally Posted by spdrun

Depends if there's proof of them paying the money and your accepting it. A month's partial rent sounds like there was a party at the cabin, and they helped by reimbursing for food and booze.

I'm making the assumption that he accepted a certain amount of rent. He can try to deny that he accepted the rent, but it then becomes his word against theirs...........and I wouldn't want to go in front of a judge with that.

PaulC · #23 08-17-2011, 11:33 PM

Quote:

Originally Posted by Brian Carlton

Be a bit careful on any of the aforementioned advice. Most of it is factually incorrect.

With due respect, I think the chili advice was impeccable.

On another note, the wife seemed to have some familiarity with the eviction process, so it may be worth CLK's while to determine the appropriate legal process and follow the law precisely in this instance.

The Clk Man · #24 08-17-2011, 11:35 PM

I think they will be out soon. I will keep you great guys/gals posted.

spdrun · #25 08-17-2011, 11:37 PM

Quote:

Originally Posted by Brian Carlton

I'm making the assumption that he accepted a certain amount of rent. He can try to deny that he accepted the rent, but it then becomes his word against theirs...........and I wouldn't want to go in front of a judge with that.

The word of a deadbeat and his pregnant slag GF against the owner of the cabin. Hmmmm, who to believe?

Hatterasguy · #26 08-17-2011, 11:39 PM

Most of the advice above will get you into legal trouble, no offense but I would ask a real attorney.

Depending on your state laws they could have a month to month "lease", even if its not written, they paid you and you accepted partial payment. You may have to go through the eviction procedure.

Again every state is different.

Most renters are bums so that doesn't really have a bearing on it, and a lot of times the courts are pretty sympathetic to them.

PaulC · #27 08-17-2011, 11:39 PM

Quote:

Originally Posted by spdrun

The word of a deadbeat and his pregnant slag GF against the owner of the cabin. Hmmmm, who to believe?

Hmmmm, why roll the dice? Follow the law and protect yourself from unnecessary legal exposure.

Skippy · #28 08-17-2011, 11:39 PM

Quote:

However, the last thing you want to do is threaten them, bully them, or place yourself in any position where you can be portrayed as anything other than a jesus like figure. Let the cops do all the threatening. I wouldn't take the door off or anything, however fun that would be.

THIS.

Quote:

Originally Posted by sjh

.

Since you asked for legal advice here you go.

It completely varies from local to local.

You do NOT want to try to physically force them or intimidate them

You must work with the local legal structure.

You could open yourself to a very major headache (which you already have) if you do not do this correctly.

Small claims court, certified letters, etc. You've got to find out what your local laws are.

.

And THIS (emphasis added).

A quick call to the police non-emergency number should help you figure out how the process works in your area. In Nevada this situation would be resolved by issuing a 5 day Pay or Quit notice, followed by an unlawful detainer action or a summary eviction. Easy day.

I found this, which may be helpful to you: http://www.rentlaw.com/

spdrun · #29 08-17-2011, 11:41 PM

Problem is, if you establish a landlord-tenant relationship to the authorities, what if the guy and Pregnant Slag(tm) start paying the rent, and you still want them to leave?

PaulC · #30 08-17-2011, 11:46 PM

Quote:

Originally Posted by spdrun

Problem is, if you establish a landlord-tenant relationship to the authorities, what if the guy and Pregnant Slag(tm) start paying the rent, and you still want them to leave?

Think they'll cover 11.5 months of rent? Unless they start knocking off liquor stores, fat chance.