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Old 09-02-2008, 12:23 PM
 
Location: Raleigh
33 posts, read 114,327 times
Reputation: 21

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Hi Everyone!!!!

Just wanted to know what my girlfriend(MGF) should do. She allowed badrenter (BR) w/small child to move in. No written contract was signed, but verbal agreement was made to split rent and all utilites.

MGF gives BR the keys and within a day or so BR's "babydaddy" (BD) has come to visit. No biggie, but day turned into night...night turned into a week and he has been there the entire month.

BR has given the keys to BD & has full access to the house. Since his arrival MGF went out into the backyard where there is a shed and in it was a plant pot with a lamp light. He 's smoking pot in the shed and trying to grow his own supply. MGF said something to BR, BR told him to get rid of it..but MGF is scared to check and does not feel safe there (as well as personal belongings).

This is month 2 and BR has not paid any rent.


What should my girlfriend do?
  • Can she just kick them out? If she does...what does she do with their personal items?
  • Does she need to give a legal notice?
  • Can she call the cops and have them removed for trespassing, if she has asked them to leave?
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Old 09-02-2008, 12:38 PM
 
8,424 posts, read 24,168,852 times
Reputation: 5907
"Can she call the cops and have them removed for trespassing, if she has asked them to leave? "

Yes. Dont ask. Tell.

Dont give time either. They are out that day or call the cops.
Better shout about it before they get started on a meth lab or underground dog breeding ring or whatever else is cool with trashy people these days.

Her name is on the lease that means SHE will get arrested for the pot plant.
Playing nice is over. Chuck the plant and the people.
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Old 09-02-2008, 01:25 PM
 
8,287 posts, read 22,030,562 times
Reputation: 7990
Moochers are all the same, everywhere .... and your girlfriend is well past the point of being taken advantage of, financially and socially. With the behavior of the "guests" putting your girfriend at risk, there's no time better than immediately to tell the folks to leave, NOW, without any delay or excuse.

If they don't immediately leave, peacefully, taking only what is theirs, then call the police or sheriff's department and let them know that she has a guest that refuses to leave her home. The pro's know what to do, and have the resources to deal with any delay on the part of the unwelcome "guests".

Even if there was a "verbal understanding" of a tenancy, the "guests" (woman & child) have failed to live up to their part of the bargin, which makes it not valid. The "guests" have no rights to stay in the place whatsoever, so boot 'em out before they cause any further problem.

Your GF should also be aware that most rental/lease agreements specify in the papers who is leasing the house and that they are to be the sole tenants/residents of the place. An "overnight" guest exception is usually allowed, but if anybody takes up residence in the house, then their name is required to be on the lease. This is pretty standard to protect a property owner's interest in a house ... otherwise, they may have a difficult time enforcing lease provisions against someone who is using their property but not on the lease, or responsible for paying the lease.
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Old 09-02-2008, 03:18 PM
 
650 posts, read 1,653,759 times
Reputation: 354
This is sticky since some tenancy (no matter how tenuous) is involved. Legally she needs to get an eviction order or a restraining order. Kicking them out and changing the locks may backfire, especially where a small child is concerned.

In the meanwhile, she can 1) ask BR to get out, 2) call the police on the pot issue.
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Old 09-02-2008, 08:25 PM
 
516 posts, read 1,216,639 times
Reputation: 253
Hate to say it, but the first move should be a consultation with a real estate lawyer specializing in landlord tenant law. If she does things wrong, she could end up in a lot of trouble.

In California, what you describe would constitute a tenancy. Changing the locks and throwing their stuff out would be a wrongful eviction (no matter what the justification) and would subject her to some pretty severe civil penalties. The legal way to do it would be to properly serve notice, followed by beginning of legal eviction proceedings. But the law could be VERY different in NC - thus the suggestion to get a lawyer.

But there is one other issue you might want to seriously consider: whether she does this legally or not, what are the possible repercussions? I'm not talking about legal issues - are these people bad enough that she might be in danger?
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Old 09-03-2008, 07:37 AM
 
Location: Raleigh
33 posts, read 114,327 times
Reputation: 21
Thanks everyone your responses have been extremely helpful. I will let her know. I think these people could retaliate whether she kicks them out or gives them notice that they must leave.
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Old 09-07-2008, 12:06 PM
 
Location: Maryland
1,668 posts, read 5,465,196 times
Reputation: 1486
[quote=pitt_transplant;5094133 ...Yes. Dont ask. Tell.
... (the whole statement is true)... [/quote] The dirtbags will try threats, then plea for second chance, etc, etc. You're not destroying the squatters. Merely inconviencing them. They will quickly find someone else to sponge from. If scamming were a paying job, most of my tenants would be rich. Here's what you do: 1- Call a locksmith. 2- Call police, tell them you expect a problem in 5 minutes (and mention the "suspected" drugs. 3- Walk in, say "Get out, now." 4- Say nothing else. (The next person who speaks, looses.) Wait for police. Lesson learned: If someone wants a nice house like yours, they can struggle to afford it, like you did. Don't reward freeloaders.
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Old 09-07-2008, 07:52 PM
 
516 posts, read 1,216,639 times
Reputation: 253
You missed a step: 5 - get sued for an illegal eviction.

Niti05 - You really should consult with a lawyer before doing anything. It may be that you can just change the locks and throw them out, and it may be that you could face a lot of trouble if you do. It would be prudent to make sure you know what consequences you might face before you take action.
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Old 09-07-2008, 08:58 PM
 
Location: Santa Clara CA
700 posts, read 1,701,156 times
Reputation: 376
I dont think most "freeloaders" or drug users would have the mental capacity or financial resources to sue. However as mentioned they may retaliate in other ways like property damage or violence.

Either way, I would agree with Tony23, get protection, do it right and speak with a lawyer, why potentially risk anymore?

Its amazing how someone looses rights at the expense of another person that has violated common decency. But it is the world we live in.

5
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Old 09-07-2008, 11:49 PM
 
2,729 posts, read 2,337,682 times
Reputation: 2364
Is your girlfriend the owner of the property, or a renter who took in a roommate?
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