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I have a major issue with a grandson who rents a sleeping room .. no lease no deposit we are family.. I want him OUT today would be best ..
we live in MN.. the law here is strange in regards to at will. tenants/rooommates the police say he is got right to stay here w/o paying for his room .. we have cable and he had a cell phone on my family plan I took the phone he never paid for it he is acting like we /I owe him a place to stay .. I dont see how we have to let him stay .. I looked at MN law he is sleeping here not trying to get work .. I am soo mad at him right now ugly family deal but right now I just want his butt out of here .. he is a 20 yr old adult body with the ideas of a 15 yr old kid .. thanks for any ideas here
Bottom line is to get anyone out forcefully, you have to file for an eviction. You'll have to research the laws and process in your jurisdiction to find out the exact details. Just be prepared, it's not a quick process. In my state, it takes up to 60 days. While your concerns may be totally legit, the law protects all citizens and they all have their day in court before they are thrown out of their homes. I'm sure you'd want the same courtesy if the shoe were on the other foot. Good luck. Sounds like your problems go way deeper than just having an unwanted tenant.
Tenancy is not necessarily based on whether or not rent or a deposit is paid, or if there is a Lease or not. For instance, in Nevada if someone lives in your home for 30 days, they are a tenant. Period. To evict you must have the person served the appropriate Notice (such as a 30 day no reason), followed by a 5 Day Unlawful Detainer, followed by the Eviction filing in your township, followed by a lock out compliments of the Constable.
Find out what your Landlord Tenant Law says about evicting tenants. Where you would file an eviction is a good place to ask. That may be Justice Court, District Court, etc. They usually have some information or can point you in the right direction for information.
1) He is staying/sleeping in your home.
2) He has given you some money (some may call it "rent", others may call it a "gift", still others may say it's "reimbursement").
3) You had no objection to his presence atfirst (sort of like a guest).
4) There is no lease or contract between you and him regarding this visit.
5) He is using family property (cell phone) for which he is not paying.
6) You now want him to leave.
Sounds to me like he started out as a guest, since there is no documentation (lease/contract/proof of deposit) to prove otherwise. He is now a guest who has overstayed his welcome. It is your home and, in my opinion, you should be able to decide who stays there and, more importantly, who doesn't.
Please understand, I've always been of the opinion that one is not obligated to accommodate someone simply because they are family (with the exception of minor children). If one chooses to do things for family, do them. And if one chooses to stop doing those things, they can and should (assuming there are no contracts involved).
Have you given this young man a key (he can still be considered a guest, even if you did give him a key)? Have you, in no uncertain terms, asked him to leave? Has he refused? If so, it sounds to me as if he's now a trespasser. I wonder if you could approach it from that angle? I don't know, I'm just throwing that out there.
I have a major issue with a grandson who rents a sleeping room .. no lease no deposit we are family.. I want him OUT today would be best ..
we live in MN.. the law here is strange in regards to at will. tenants/rooommates the police say he is got right to stay here w/o paying for his room .. we have cable and he had a cell phone on my family plan I took the phone he never paid for it he is acting like we /I owe him a place to stay .. I dont see how we have to let him stay .. I looked at MN law he is sleeping here not trying to get work .. I am soo mad at him right now ugly family deal but right now I just want his butt out of here .. he is a 20 yr old adult body with the ideas of a 15 yr old kid .. thanks for any ideas here
Ifas you say he rented a room and now is not paying then you need to evict him by seeing a county judge, Call and they will tell you how.
1) He is staying/sleeping in your home.
2) He has given you some money (some may call it "rent", others may call it a "gift", still others may say it's "reimbursement").
3) You had no objection to his presence atfirst (sort of like a guest).
4) There is no lease or contract between you and him regarding this visit.
5) He is using family property (cell phone) for which he is not paying.
6) You now want him to leave.
Sounds to me like he started out as a guest, since there is no documentation (lease/contract/proof of deposit) to prove otherwise. He is now a guest who has overstayed his welcome. It is your home and, in my opinion, you should be able to decide who stays there and, more importantly, who doesn't.
Please understand, I've always been of the opinion that one is not obligated to accommodate someone simply because they are family (with the exception of minor children). If one chooses to do things for family, do them. And if one chooses to stop doing those things, they can and should (assuming there are no contracts involved).
Have you given this young man a key (he can still be considered a guest, even if you did give him a key)? Have you, in no uncertain terms, asked him to leave? Has he refused? If so, it sounds to me as if he's now a trespasser. I wonder if you could approach it from that angle? I don't know, I'm just throwing that out there.
Most states have laws that establish occupancy if a person has stayed in a home for a certain number of days or if they receive mail there. So the guest angle wouldn't likely fly.
you got that point right on the head: i had a step brother stay with us once who turned out to be a druggie .... he had us burglarirized when we werent home so he could pay some debts.
we are blown away when the insurance company told us we couldnt collect because he was actually considered an insured after i forgot the number of days.
after many phone calls they agreed to pay the claim if we pressed charges against him.
you have to be soooooooo careful about letting people stay an extended period of time...
With regard to Babytarheels' and Mathjak's posts, that really stinks! Makes me almost want to have every guest sign a contract stipulating the length and nature of their visit!
Or perhaps just not have visitors anymore. It's so disheartening how some people will take advantage of one's good nature or willingness to help out by opening their homes.
I have a major issue with a grandson who rents a sleeping room .. no lease no deposit we are family.. I want him OUT today would be best ..
we live in MN.. the law here is strange in regards to at will. tenants/rooommates the police say he is got right to stay here w/o paying for his room .. we have cable and he had a cell phone on my family plan I took the phone he never paid for it he is acting like we /I owe him a place to stay .. I dont see how we have to let him stay .. I looked at MN law he is sleeping here not trying to get work .. I am soo mad at him right now ugly family deal but right now I just want his butt out of here .. he is a 20 yr old adult body with the ideas of a 15 yr old kid .. thanks for any ideas here
If he has been in any way threatening or violent toward you or any other member of the family, or other resident in the house, I would slap a restraining order on him and the police will escort him out the front door the same day as he receives the paperwork. If he has not been violent or threatening, you will have to go through the eviction process to get him out.
Last edited by Va-Cat; 04-06-2009 at 12:56 PM..
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