Inherited property,trying to evict "family"/tenant from illegal basement (real estate, to rent)
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I went to the police station yeaterday to file a report about indirect threats she has been making. They refused to file a report,they said unless she says "im going to kill you" or something of that nature i cannot file a report
Wtf?
Worst case scenerio i will just go back and file a report stating exactly that i guess...
Now see Akg12, you didn't even follow some of the very good advice you received here. Let's try again.
1. Serve your Auntie with a "Notice of Eviction". Certified Mail, Return Receipt Requested is fine or Fed Ex with signature receipt as someone else advised.
2. Figure out how much she has paid to you so far in rent, I'm guessing it was paid in cash. Put that amount in an escrow account and do NOT accept another penny.
3. At 45, if Auntie is able bodied, she should be able to find another place to live fairly easily. Be helpful. Print out apartments listed on Craig's List and slip them under the door.
4. Go out of your way to be pleasant. Bring her some boxes to help her pack. Smile. Just make it clear that you are the owner and she is an unwanted, unwelcome, illegal resident. But you certainly don't want your Auntie to be homeless so try and help her and her "friend" find somewhere they would be more comfortable.
Moderator cut: snip
Last edited by Keeper; 09-11-2012 at 06:57 AM..
Reason: do not call others stupid
Now see Akg12, you didn't even follow some of the very good advice you received here. Let's try again.
1. Serve your Auntie with a "Notice of Eviction". Certified Mail, Return Receipt Requested is fine or Fed Ex with signature receipt as someone else advised.
2. Figure out how much she has paid to you so far in rent, I'm guessing it was paid in cash. Put that amount in an escrow account and do NOT accept another penny.
3. At 45, if Auntie is able bodied, she should be able to find another place to live fairly easily. Be helpful. Print out apartments listed on Craig's List and slip them under the door.
4. Go out of your way to be pleasant. Bring her some boxes to help her pack. Smile. Just make it clear that you are the owner and she is an unwanted, unwelcome, illegal resident. But you certainly don't want your Auntie to be homeless so try and help her and her "friend" find somewhere they would be more comfortable.
Trying to file a police report was emotional and stupid.
Uh,i just made this thread today,keep up here.
Anyway,thanks for the advice i guess...
The illegality of the basement has nothing to do with the court. You could call the town, not give your name and complain about an illegal apartment. However, the town will have to come out, inspect your property and will fine the owner ; not much, but you will have to bring it up to code or get rid of the apartment.
You could always tell your aunt that because someone reported the apartment, you now have to move because it is illegal.
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??
Serve your Aunt with an evicition notice. Give her the legal 30 day notice to get out whether the property is legally a rental or not. I think perhaps she is living there in illegal circumstances especially because there is only one way out of the basement. If she does not comply with the Eviction notice then you have no recourse but to get the Police involved and have her physically removed as a trespasser.
It seems I recall some time ago there was a family residing in a basement with only one exit and the basement caught fire..it didn't end well. Get her out of there and don't put anyone else in there not ever.
If you do intend to re-rent the basement at any time, find out what you need to do to make it a legal rental..just be aware that it could get expensive either way.
As a former landlord, please do not give the wrong information. The police have nothing to do with tenant problems at all. That is a matter for the tenant landlord court. It MUST be handled the correct way or the landlord will have a bigger issue.
Because the op has received money as rent, it automatically turns into a tenant landlord case.
It takes time to remove a tenant the correct way. The tenant has all the rights even if the basement apartment is illegal ; that fact is the landlords issue.
Flood the basement with a foot of water - Auntie will either grow fins and stay or (most likely) head out. Get a dumpster for $600 and gut the basement - taking it back to the the bare foundation. Both Auntie is gone and there's no longer any illegal basement apartment for the town clowns to discover.
The illegality of the basement has nothing to do with the court. You could call the town, not give your name and complain about an illegal apartment. However, the town will have to come out, inspect your property and will fine the owner ; not much, but you will have to bring it up to code or get rid of the apartment.
You could always tell your aunt that because someone reported the apartment, you now have to move because it is illegal.
This doesn't sound like an illegal apartment, sounds more like an illegal finished basement that the aunt lives in. I guess it depends on what is down there. But the only entrance to the basement, per the OP, is through the main part of the house.
This doesn't sound like an illegal apartment, sounds more like an illegal finished basement that the aunt lives in. I guess it depends on what is down there. But the only entrance to the basement, per the OP, is through the main part of the house.
OP...what is in the basement??? Kitchen? bath?
I agree with that, its hard to say that its really an apartment when according to the OP, the access is through his living space. He's basically renting a room or a few rooms to the aunt. Whether the basement "should" have been finished per code is another story, and it is possible that if its an older finished basement that permits could have been pulled back in the day and everything is perfectly legal.
Aree you planning on evicting your aunt? there are the legal ways of doing things as if she is a real tenant, then there is the family way, is there anyone who can speak to your aunt on your behalf? can you have a more reasoned conversation with her as to her moving out?
it really depends on how much of a reasonable normal person she is as to whether this approach works. I do know, if it were my aunt, I'd feel bad/embarressed etc to get a process server give her an eviction notice, I'd both try and talk it out and appeal to other family members to help work it out before trying the legal approach.
I agree with that, its hard to say that its really an apartment when according to the OP, the access is through his living space. He's basically renting a room or a few rooms to the aunt. Whether the basement "should" have been finished per code is another story, and it is possible that if its an older finished basement that permits could have been pulled back in the day and everything is perfectly legal.
Aree you planning on evicting your aunt? there are the legal ways of doing things as if she is a real tenant, then there is the family way, is there anyone who can speak to your aunt on your behalf? can you have a more reasoned conversation with her as to her moving out?
it really depends on how much of a reasonable normal person she is as to whether this approach works. I do know, if it were my aunt, I'd feel bad/embarressed etc to get a process server give her an eviction notice, I'd both try and talk it out and appeal to other family members to help work it out before trying the legal approach.
If she's using the basement as sleeping space and there is only 1 entrance/exit, it's illegal.
This doesn't sound like an illegal apartment, sounds more like an illegal finished basement that the aunt lives in. I guess it depends on what is down there. But the only entrance to the basement, per the OP, is through the main part of the house.
OP...what is in the basement??? Kitchen? bath?
Apart from the laundry rooM
Which i allow the ingrate to use,Two bedrooms living room kitchen and bathRoom
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