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Old 04-19-2020, 02:26 AM
 
11,829 posts, read 6,959,901 times
Reputation: 8197

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Quote:
Originally Posted by senasena View Post
Thanks Ruth4Truth and hawk55732 for your quick response! I appreciate you both.

There is one more thing I want to add. My parents live in another country. My father passed away the day after my tenant moved in March-end. I could not attend his funeral due to flights ban in my country started the same day. Now my mother is all alone there. I am planning to bring my mother to stay with us as soon as the flights open. I explained this situation to my tenant when I told her to start looking for other arrangements. She started saying that I should not bring her here etc etc. I was shocked but told her that the flight situation is still uncertain. Since I do not want her to rush last minute, so giving her heads up. Regardless my mother would be joining us as soon as the flights open up and we anyway need the room for her.

I can ignore her stealing food and other items, stink, messy and uncleanliness but dealing with my personal loss and now this situation is a big emotional drain :-(

I am ready to go through some lawyer if that is the last resort :-(

Thank you once again!

You can draft a lease and make her sign it.

Yes, she may refuse but that's the first step you should do. Just write down all the things you two agreed on and have her autograph.

You can also throw in some carrots, like pay her a couple hundred bucks or cover her move out cost to sweeten the pot.

If you do go the lawyer route, some firms offer a first-time limited free consultation.

You cannot evict her because of the law that put in a temporary hold on evictions. Your best course of action is to work something out with her. Tell her this is the best time for her to find another place because no one is looking and landlords are hurting. If she waits until after the SIP ends then she'll be competing with a lot of pend up demand.

She is going to leave eventually, either she moves out or you evict her (after the eviction ban of course). So you don't have to stress, do be patient and diligent.

.
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Old 04-19-2020, 08:50 AM
 
27,251 posts, read 55,674,295 times
Reputation: 21528
Mitigate the situation as she will be with you for protracted period of time unless she agrees to move out.

The reason I say this is accepting money after advertising is all that is needed from my experience.

Savy boarders know all about cash for keys or it could be she simply knows this can drag out for a very long time

A $3 hasp can secure the refrigerator.

Without anything signed or even a rental application just makes it that much harder
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Old 04-19-2020, 09:27 AM
 
Location: Huntsville Area
1,956 posts, read 607,638 times
Reputation: 2998
Every state handles such matters in different ways. And like it was said, the police often call such a problem a "civil matter."

Many states give the renter the benefit of the doubt as they're also "voters."

Our state requires an eviction be filed, and the person has the right to a court hearing. That comes with a summons being issued, and it'll take a couple or three weeks to get on the State circuit court docket. Either she shows up for the hearing or you'll receive a default judgement on the case.

If the judge rules for you, the individual will be given "X" days to vacate the premises or a sheriff will be given an order to remove them physically. This too varies by state, but 10 days might be about normal.

In our state, it costs $320 in court and sheriff's fees to get an eviction notice processed.

Me personally? I'd change the locks on the house and catch her out of the house. I'd take her personal belongs and dump them at the curb. She won't have the money to fight you in court.
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Old 04-19-2020, 03:27 PM
 
Location: Bay Area
1,357 posts, read 850,313 times
Reputation: 914
Quote:
Originally Posted by Bamaman1 View Post
Every state handles such matters in different ways. And like it was said, the police often call such a problem a "civil matter."

Many states give the renter the benefit of the doubt as they're also "voters."

Our state requires an eviction be filed, and the person has the right to a court hearing. That comes with a summons being issued, and it'll take a couple or three weeks to get on the State circuit court docket. Either she shows up for the hearing or you'll receive a default judgement on the case.

If the judge rules for you, the individual will be given "X" days to vacate the premises or a sheriff will be given an order to remove them physically. This too varies by state, but 10 days might be about normal.

In our state, it costs $320 in court and sheriff's fees to get an eviction notice processed.

Me personally? I'd change the locks on the house and catch her out of the house. I'd take her personal belongs and dump them at the curb. She won't have the money to fight you in court.



OP lives in the Bay Area of CA. (looks like you are in Alabama) There are tenant rights organizations in the Bay Area that can provide legal help to someone with little financial resources. Also, there is a executive order by the Govenor barring evictions at this time and the Judicial Council (Chaired by the CA Chief Justice) has also put a temporary halt to evictions. (exception being for a tenant that is violent) I think the best advice given so far was for OP to try and "mitigate" the situation for the time being. I feel bad for OP.
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Old 04-19-2020, 03:46 PM
 
Location: State of Transition
86,039 posts, read 79,200,521 times
Reputation: 88349
Quote:
Originally Posted by tikkasf View Post
OP lives in the Bay Area of CA. (looks like you are in Alabama) There are tenant rights organizations in the Bay Area that can provide legal help to someone with little financial resources. Also, there is a executive order by the Govenor barring evictions at this time and the Judicial Council (Chaired by the CA Chief Justice) has also put a temporary halt to evictions. (exception being for a tenant that is violent) I think the best advice given so far was for OP to try and "mitigate" the situation for the time being. I feel bad for OP.
Wow. Really bad luck for the OP! Bad timing for her choice to take in a tenant (and subsequent unfortunate personal events).

OP, hopefully your mother can hang on through May. Let's hope the global situation improves by June.
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