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Old 05-27-2015, 07:11 AM
 
195 posts, read 231,458 times
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One of my sisters is an long term unemployed and she has been moving from one relative to anther while she waits out the recession. After Mom and Dad kicked her out of their home for freeloading and not seriously looking for work, she showed up unannounced at our door step looking for a temporary place to live. What could we do but let her come inside and live with us for awhile.

"Awhile" has been a few months and my wife wants my sister gone. But where can we send her? She has already overstayed her welcome at my parents home and my other family members don't want her.

Anyway, how could we actually evict her legally? Can we hire someone to physically move her out and get a court order for her to never return to our home? My wife says maybe we can put her up in an extended stay hotel for a month but after a month she will show up at our door step again. Any advice?
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Old 05-27-2015, 07:22 AM
 
Location: East TN
11,128 posts, read 9,756,639 times
Reputation: 40539
I'm afraid that you will have to give her a written 30 day notice. In many states that is required for you to be able to evict her. Of course you can ask her to leave voluntarily, but if she doesn't then you will end up in housing court and you will need proof of that 30 day notice.

Waiting out the recession?? In what world does one "wait out" unemployment? She needs to be applying for jobs on a daily basis and get her butt back to work. The job market has vastly improved in the last few years. Every business I enter these days has a now hiring sign out front. I suggest that you let her know that she will need to have a job and be paying rent in 30 days or she will be out the door. Then if she gets a job, just make sure she is saving money for rent and a deposit so she can move into a small apartment.

As far as where she will go, that is up to her. By allowing her to lay about and not work towards re-employment you're enabling her. Time for the tough love.
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Old 05-27-2015, 07:25 AM
 
Location: Arizona
1,599 posts, read 1,808,542 times
Reputation: 4917
If the reason she is not working is because people keep supporting her, then a serious dose of tough love is needed. I would absolutely hate to be the person to kick someone out and put them in the situation of being homeless, but she is an adult and she needs to take responsibility for herself.

I would tell her she has "x" number of days to get a job or she's out. If she doesn't have a job by on that last day, move her out and change the locks. I would consult your other family members as well so that being homeless is her only option. Once she has a job, I would tell her she can stay with you for one or two more months to save money up for her own place, but then she has to go. If she quits or gets fired, she has to go.

If you have to take her around to places to get applications, do it. Watch her fill them out, hand them in, set up the interview if you have to. Being strict and following through is the only way she will learn and change.
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Old 05-27-2015, 07:30 AM
 
Location: Redwood City, CA
15,250 posts, read 12,960,932 times
Reputation: 54051
Don't bother with ultimatums. They will fail. You will have wasted time. And you will have created additional stress.

If you post what state you're in, you can be directed to the proper and legal eviction procedure. Don't delay. Get this done. The 30 days is going to seem like forever and the sooner you start, the better.

Signed,

Been There Done That and Never Letting Anyone Else Live Here Again
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Old 05-27-2015, 07:34 AM
 
Location: Redwood City, CA
15,250 posts, read 12,960,932 times
Reputation: 54051
Quote:
Originally Posted by Laid Off View Post
My wife says maybe we can put her up in an extended stay hotel for a month but after a month she will show up at our door step again.
Once she's legally evicted, if she shows up again you call the police and tell them there's a trespasser on your property.

I have done this. It works.
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Old 05-27-2015, 07:40 AM
 
Location: Southwestern, USA, now.
21,020 posts, read 19,379,197 times
Reputation: 23666
I don't know about the legal stuff...but you mean...when she goes for a walk --
You can not place all her things outside...and say ....
'We changed all the locks, good luck...
here's $50 towards Taxi fare to the local shelter on 8th St....and we included
some extra toiletries for you and protein bars for a week' ?

This is legally wrong? And if you did it...what would happen ...you think she would go to someone to actually 'do something' about it?
If she did...does that mean you would pay a fine or have to allow her back in!

This is a puzzle to me...sorry, I just don't know about these things.
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Old 05-27-2015, 08:03 AM
 
Location: The Greater Houston Metro Area
9,053 posts, read 17,197,318 times
Reputation: 15226
Depends what state. Some states will have given tenancy rights to her - others, like Texas, are pro-owner states and would just look at it like she had overstayed her welcome and you booted her out.

Have to agree about the tough love - she is not going to work until there is no alternative.
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Old 05-27-2015, 08:13 AM
 
Location: Southwestern, USA, now.
21,020 posts, read 19,379,197 times
Reputation: 23666
Quote:
Originally Posted by cheryjohns View Post
Depends what state. Some states will have given tenancy rights to her - others, like Texas, are pro-owner states and would just look at it like she had overstayed her welcome and you booted her out.

Have to agree about the tough love - she is not going to work until there is no alternative.
Great answer, thank you...depends on the state.

When we are 'forced' to change...we change...agreed.
When a person isn't making any effort ... wow...they need a 'nudge' to wake them up
to the real world, imo.
Or not, some people actually like being homeless in a tent under a bridge. They have said it.
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Old 05-27-2015, 08:15 AM
 
Location: Redwood City, CA
15,250 posts, read 12,960,932 times
Reputation: 54051
Quote:
Originally Posted by Miss Hepburn View Post
This is legally wrong?
I don't know of any state in which this is legal. Certainly not California, but we're hardly unique in this regard. I have heard you can give them the heave-ho in Texas but have no experience with it.

If you allow someone to come into your home and reside there (rather than visit briefly), they are a tenant even if they never pay rent. The remedy you describe is called a self-help eviction. You can get in trouble for doing this but people do sometimes do it because it is very tempting. By the time you get to that point you are thoroughly fed up with the lying snake you let into your home.

To be clear: If you call the police to evict someone who is currently living in your home, they will tell you it's a civil matter. You have to go through the court system to be rid of them. If they try to get back into your house after they've been legally evicted, the police will arrest them for trespassing.
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Old 05-27-2015, 08:17 AM
 
16,709 posts, read 19,410,227 times
Reputation: 41487
Quote:
Originally Posted by Laid Off View Post
One of my sisters is an long term unemployed and she has been moving from one relative to anther while she waits out the recession. After Mom and Dad kicked her out of their home for freeloading and not seriously looking for work, she showed up unannounced at our door step looking for a temporary place to live. What could we do but let her come inside and live with us for awhile.

"Awhile" has been a few months and my wife wants my sister gone. But where can we send her? She has already overstayed her welcome at my parents home and my other family members don't want her.

Anyway, how could we actually evict her legally? Can we hire someone to physically move her out and get a court order for her to never return to our home? My wife says maybe we can put her up in an extended stay hotel for a month but after a month she will show up at our door step again. Any advice?
This is going to sound cruel, but it sounds like she needs a wake-up call. Take her to a local homeless shelter and drop her off.
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