Moving Out a Family member (eviction, renters, house, vacate)

[Scottymt]

I have an elderly cousin. She was helping out her nephew by letting him stay in a house she owns for free including paying all the utilities and taxes. He got married about a year ago and the wife moved in. The nephew just recently died. The wife is still in the house and recently moved her son into the house. My Aunt is letting the wife stay in the house for a couple of months as she is a new widow, but she is concerned that she may have problems getting the wife out if she lets her stay too long. Will this be a problem?

[sware2cod]

The wife has already been there long enough to be considered a resident. If the aunt wants the widow to move out, she needs to send written notice to the widow to move out and give a future date that meets state laws(usually 30 days into the future). It would help to give her longer time so she can not be in a rush. Hopefully she takes her son when she moves.

If they don't move out by the end date, then the aunt will need to get an attorney and start eviction proceedings. The aunt will need proof of the written notice (to move out). So have her keep a copy of the letter and sent it certified/return receipt. Have her keep this returned info as proof that she gave written notice. If widow refuses to sign for it,eventually the entire envelope will get returned to the aunt. She is to keep it, unopened, as proof she sent it.

A trick for getting people to move out sooner is to tell them you will help with moving expenses and give an exact dollar amt that Aunt will pay but give stipulation that in order to received this $500 for moving expenses that everyone needs to be moved out by a specific date and keys turned over to the aunt. Else they might take the money and delay move out with excuse after excuse about a future date that keeps changing. Beware of this as many loser renters promise to be out by a certain date and then keep changing the date with future promises. They do this for many months as a way to get free rent. Just beware if this tactic. An attorney might come in handy if things don't go smoothly.


**There could be a problem if widow moves out but her son stays. Need to get his name in case he needs to be evicted. It's tough to evict someone when you dont know their name. Get his name and include it on the written move out notice. Else he could say he never received proper notice to move out and the clock starts again before you can evict (IF he doesn't leave by date that landlord requires)

[Katie1]

IF I was her I Send the Notice NOW! She can date it that they both leave on XX Date. It can be any date she wants ... IF the Law says 30 days she can give them 60, 90 or a date 120 days from now. What ever it is the Law says she can send a reminder.

She being nice to give her time but when my mom died her LL gave me the end of the month to get her things out. I cleaned the apt out Before she was in the ground.

[Kim in FL]

Could there be a problem? I think there already is a problem! If your cousin wants this lady out she's going to have to give her notice to vacate and possibly evict her.

[AZ Manager]

I would send two notices. One to increase the rent, it is at $0 currently with all utilities included, and the second would be notice to vacate. Send them certified with a return receipt to cover your butt. If you have to evict you want that paper trail.