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Old 06-10-2010, 05:07 AM
 
4 posts, read 34,412 times
Reputation: 15

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My boyfriend bought a house, he allowed his sister and her family move in and split the bills. At some point they decided that this was not enough, they wanted us to leave. They have made every attempt to take over the entire house, we are now basiclly locked in the basement at all times, they have gone as far as trying to block us from getting to the restroom, by putting a babygate between the bathroom door and the basement door. She even started a childcare center out of the house. He sent them a certified eviction notice through the usps, after making every effort to remedy the issue. Now they are saying "This eciction letter is in no way legitimate. Several reasons, but first there is no lease. we do not have a landlord/tenet relationship, we are family this is a domestic relationship." Is this true? Can he not evict them? Are we taking the appropriate steps here? What should we do?
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Old 06-10-2010, 07:29 AM
 
9,124 posts, read 33,454,241 times
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Well, since they don't think there's a tenant/landlord relationship and it's simply a domestic relationship, toss all of her **** out on the front lawn, change the locks, and call the police if they try to get back in. She's got no legal right to be in the house- she doesn't have ownership, and she doesn't have a lease. There's no law stating that he has to let his family members live in his house. Bye bye sis......
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Old 06-10-2010, 10:44 AM
 
4 posts, read 34,412 times
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But would it be legal, sense they have been paying rent/
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Old 06-10-2010, 12:15 PM
 
1,474 posts, read 3,189,016 times
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Talk to a real estate attorney or some attorney. Pay the fee and have the discussion. Asking for legal advice on any forum is risky.

The sister might well accuse the brother of molesting her children. There are horrendous possibilities here. He needs a lawyer now before it gets any uglier.
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Old 06-10-2010, 02:55 PM
 
Location: Research Triangle, NC
1,245 posts, read 1,358,954 times
Reputation: 802
Wait...

Your BF bought the house, allowed his sister and family to move in and pay rent. And now the people whose name is not on the mortgage want to kick you guys out?

What alternate universe is this?
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Old 06-10-2010, 04:23 PM
 
4 posts, read 34,412 times
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Yep, Idk what they are thinking, I just wish we could fix this mess
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Old 06-10-2010, 05:31 PM
 
3,098 posts, read 2,939,062 times
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if there is no lease agreement you can take them to court for eviction and have judge sign it. they would have 30 days to get out. Or sell the home. Either way you have a mess and should leave until you can get them out. Dont want it to get violent. Once you get the eviction notice signed by the judge the sherrif will evict them after the 30 day notice posted to the front door. But any way you look at it they will be mad and might come after you or the house. Can they afford the home and can they get a morgage? Your boyfriend should try to sell it to them for what he bought it for. Any way you look at it, your boyfriend needs to deal with it. You need to stay out of it, since you are not married and its his family. Move out asap.
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Old 06-11-2010, 01:16 AM
 
Location: Acworth
1,352 posts, read 3,964,339 times
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Who is on the title/deed? That person can evict anybody out of the dwelling, a lease agreement is not material. 100$ at your local sheriff's office, they will come and observe/assist with rowdy evictees.

Tenant landlord is multiple volumes but it basically enables contractual enforcement of rules and definition of liabilities between a tennant and a landlord. Again, not instrumental to evicting somebody, or simply terminating the lease for due cause.

You can also bar them from the premises and that falls under trespass.
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Old 06-11-2010, 01:18 AM
 
Location: Acworth
1,352 posts, read 3,964,339 times
Reputation: 472
Quote:
Originally Posted by mike0618 View Post
if there is no lease agreement you can take them to court for eviction and have judge sign it. they would have 30 days to get out. Or sell the home. Either way you have a mess and should leave until you can get them out. Dont want it to get violent. Once you get the eviction notice signed by the judge the sherrif will evict them after the 30 day notice posted to the front door. But any way you look at it they will be mad and might come after you or the house. Can they afford the home and can they get a morgage? Your boyfriend should try to sell it to them for what he bought it for. Any way you look at it, your boyfriend needs to deal with it. You need to stay out of it, since you are not married and its his family. Move out asap.

uhmm..

The owner determines who has rights to the dwelling. She has standing as he wants her to be there, no? Why should she leave?

Why should he sell the house? He can't sell the house without getting them out anyway

They have no way of coming after the house, period.

They can file a civil suit claiming something like we put in money towards bills etc and we didnt get their worth, or he has our stuff and wont return it etc. That's about it.

If things get violent it gets real easy!
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Old 06-11-2010, 04:57 AM
 
Location: Richmond, VA
2,961 posts, read 4,908,250 times
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Quote:
Originally Posted by cityrover View Post
uhmm..

The owner determines who has rights to the dwelling. She has standing as he wants her to be there, no? Why should she leave?

Why should he sell the house? He can't sell the house without getting them out anyway

They have no way of coming after the house, period.

They can file a civil suit claiming something like we put in money towards bills etc and we didnt get their worth, or he has our stuff and wont return it etc. That's about it.

If things get violent it gets real easy!
I think the issue, and why several have suggested leaving temporarily while it gets sorted out, is that the sister and family might try something frivolous. "He hit my kids," or better, "he's been molesting my kids." Not true, but it will still at least temporarily ruin his life. It's better to avoid that at all. If he bought the house, he can get them out-but do it with an ironclad alibi during the period he is getting them out.

Agreed if they're not on the mortgage they probably can't effectively "get them out of the house."

Poster that said "see a lawyer ASAP" is RIGHT RIGHT RIGHT. Do that. Now. It will be money very well spent.
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