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  #1  
Old 08-17-2011, 10:09 PM
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Legal advice needed

We have a Cabin that we own and we let my wife's nephew and his girlfriend live there. They have been there for a year and have only paid us one months partial rent. I told them to get out and the girlfriend says that they have rights and that she is pregnant and that I can't make them leave for 90 days. What can I do about this.

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Old 08-17-2011, 10:10 PM
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Do you have a signed lease? Or rather, do THEY have any proof of being allowed to live there in exchange for financial consideration?

If they're guests, you could move back in, start repainting the place, and smoking a lot of smelly cigars -- I hear pregnant women love indoor pollutants.
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Old 08-17-2011, 10:14 PM
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Do you have a signed lease? Or rather, do THEY have any proof of being allowed to live there in exchange for financial consideration?

If they're guests, you could move back in, start repainting the place, and smoking a lot of smelly cigars -- I hear pregnant women love indoor pollutants.
No lease agreement.
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Old 08-17-2011, 10:19 PM
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No lease agreement.
Then they were staying as guests and have overstayed their welcome. They seem broke -- are they going to have the money to sue you anyway?
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  #5  
Old 08-17-2011, 10:20 PM
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Look up eviction procedures for your area. They vary greatly from state to state.
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Old 08-17-2011, 10:20 PM
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Then they were staying as guests and have overstayed their welcome. They seem broke -- are they going to have the money to sue you anyway?
Not a chance, they are broke.
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Old 08-17-2011, 10:26 PM
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Not a chance, they are broke.
Guess they'll have to live with your cheap cigars, paint, and banjo playing at 3 am while amped up on slivovitz.
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Old 08-17-2011, 10:28 PM
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Guess they'll have to live with your cheap cigars, paint, and banjo playing at 3 am while amped up on slivovitz.
Can I just go over to the cabin and make them leave?
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Old 08-17-2011, 10:29 PM
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Can I just go over to the cabin and make them leave?
It's better to get local law enforcement to do that if possible.
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  #10  
Old 08-17-2011, 10:32 PM
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Take the front door off for "repairs" back at your shop.
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  #11  
Old 08-17-2011, 10:35 PM
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She has the right to be put out on her @ss.

They are guests in your home and refuse to leave. Call the police and ask what you can do.

Hopefully they wont' trash the cabin in the process.
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  #12  
Old 08-17-2011, 10:38 PM
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On second thought, leave the door in situ and feed His Nugness a couple of cans of chili and send him in.
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  #13  
Old 08-17-2011, 10:43 PM
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Can I just go over to the cabin and make them leave?
With no lease, they have no rights. As property owner, they are illegal squatters on your property if it really comes down to it. Call the cops and tell them you have a couple illegally staying on your property and you need their assistance having them removed. Should be pretty fast, 90 days my a$$. The fact that they have been there a year might be an issue, implying they had your consent, which of course they did originally. You might have to create a paper trail by mailing them certified letters telling them to get out or something. Id do what tyler suggests and ask the cops the right course. Could be any number of local laws that would in fact help them or help you.

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.

If this girl is playing this game now, any allegation that pops into her mind could be used against you as it gets uglier. If you do something off color, then anything she claims may seem more plausible and help them in any kind of legal battle. For instance, she could say- "he took the door off my cabin, then threatened to punch me in the gut and im pregant!" Hard to totally refute that if some of what she said is true.
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Old 08-17-2011, 10:44 PM
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I would like to do all of those things, but can I just go over there and make them leave?
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  #15  
Old 08-17-2011, 10:46 PM
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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.

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