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My mother passed away last oct,i inherited her property of which i live in.
The house is a one family,my Mothers sister was risiding in the basement and paying rent.now she wants to allow someone who is a stranger to me to"come and stay for a couple of months". I told her no,there is only one entrance to the place and i dont feel comfortable with a stranger having access to my space(especially when i am not home). Also after 30 days this person can claim reaidency and i will have another headache on my hands. She insisted she pays rent and would be bringing the person anyway. I told her the police would be called immediatly and the person would be put out. A big argument followed,the bottom line was if you dont like the rules then simply move,but no one is coming to live here.
Now,i just really want her to move out,i know the basement is illegal,but this was the situation i inherited,she had and has no intentions to leave. What can i do to get her out??
First, I am not an attorney therefore anything I have to say may well be completely wrong and if an attorney is reading perhaps they can answer this part and confirm or deny what I am going to write. I am thinking that in addition to what you wrote about, none of which I have an answer for, there may be an additional issue to consider. You have been accepting rent for an illegal apartment. I know it is done all the time that is not the point, the point is legally, what position does that place you in in terms of both declaring the income as well as putting the tenant out?
My mother passed away last oct,i inherited her property of which i live in.
The house is a one family,my Mothers sister was risiding in the basement and paying rent.now she wants to allow someone who is a stranger to me to"come and stay for a couple of months". I told her no,there is only one entrance to the place and i dont feel comfortable with a stranger having access to my space(especially when i am not home). Also after 30 days this person can claim reaidency and i will have another headache on my hands. She insisted she pays rent and would be bringing the person anyway. I told her the police would be called immediatly and the person would be put out. A big argument followed,the bottom line was if you dont like the rules then simply move,but no one is coming to live here.
Now,i just really want her to move out,i know the basement is illegal,but this was the situation i inherited,she had and has no intentions to leave. What can i do to get her out??
Sounds like she doesn't have a lease.
Give her 30 days' notice to vacate now. Do it via Fed Express (with "signature required upon delivery") or certified mail, return receipt requested.
If she does not leave in 30 days, start eviction proceedings.
Even though the apartment is illegal, you still have to go through proper legal channels to get her out.
First, I am not an attorney therefore anything I have to say may well be completely wrong and if an attorney is reading perhaps they can answer this part and confirm or deny what I am going to write. I am thinking that in addition to what you wrote about, none of which I have an answer for, there may be an additional issue to consider. You have been accepting rent for an illegal apartment. I know it is done all the time that is not the point, the point is legally, what position does that place you in in terms of both declaring the income as well as putting the tenant out?
My mother passed away last oct,i inherited her property of which i live in.
The house is a one family,my Mothers sister was risiding in the basement and paying rent.now she wants to allow someone who is a stranger to me to"come and stay for a couple of months". I told her no,there is only one entrance to the place and i dont feel comfortable with a stranger having access to my space(especially when i am not home). Also after 30 days this person can claim reaidency and i will have another headache on my hands. She insisted she pays rent and would be bringing the person anyway. I told her the police would be called immediatly and the person would be put out. A big argument followed,the bottom line was if you dont like the rules then simply move,but no one is coming to live here.
Now,i just really want her to move out,i know the basement is illegal,but this was the situation i inherited,she had and has no intentions to leave. What can i do to get her out??
Put the house up for sale and tell her she needs to leave so you can get demolish the illegal apt.
What you do if she leaves is up to you.
whatever you do, do not threaten her. she can call the police and bring up charges against you and an OOP can be filed in which you will have to stay away from your own home. give her 30 days to leave and if she doesnt leave, go through the proper eviction proceedings.
I understand that, my point was, if you have not been declaring it as income there may be legal ramifications to this for YOU, aside from the [problems you asked about. I suggest that you seek legal counsel.
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