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Advice Needed: Home Rented To Family Member, How To Get Them Out?

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Advice Needed: Home Rented To Family Member, How To Get Them Out?

Old 05-04-09, 02:13 PM
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Advice Needed: Home Rented To Family Member, How To Get Them Out?

I was just informed of a terrible situation that's been going on in my family for some time. My sister and her husband have provided housing for my mother AT A VERY REDUCED MARKET RATE for the past 22 years (with no rent increases). 10 years ago my sister built a new home, mom got remarried and she and the new guy moved in (mom had been renting another house from them before). They still pay low rent even though the new guy has a good pension and SS income. They complain to my sister all the time about things in the house not being up to their specs. I guess last fall, they decided to have a satellite dish installed without telling my sister and the installer botched the job and messed up the roof. My sister had some pretty good repair bills. There was a huge fight about it and mom said they would move out. My sister was relieved because of the constant issues and offered to help them find another place. Unfortunately, after they started checking around, they realized they could never, ever get any better deal. Now, they are quiet about it, but my sister is worried and wants them out. The new man has apparently told his kids that he built this house for my mom (which is not true). His kids have threatened to take my sister to court to sue for possession. This man is in very poor health and probably will not live very long which is why my sister is now worried about a long court case. She has heard of other instances in which homes were willed to certain family members, but other family members came in and received possession.

2 questions:

1. How do you get them out gracefully? They are both elderly and mom has no money to afford the place on her own. The new man will not pay for anything even though he has money and owns 2 other houses which he lets his kids live in and the mom refuses to confront him about it.

2. How do you protect yourself from a bogus court case in which this man's kids may try and take legal action to try and lay claim to the house once their father passes away? A basic case can be upwards of $5K just to get into court.

Maybe someone out there has some experience with renting to family members (especially parents) and the complexities of it. (Besides, never, ever do it as it's too late for that).

Last edited by shifrbv; 05-04-09 at 02:16 PM.
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Old 05-04-09, 02:30 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Boy howdy. I never raise rent on people, and the downside is that if I want them to leave, they learn that there is nowhere they could rent for the same price.

Anyway, I assume there is no rental agreement. In that case, the state statutes generally apply. They (the man) has already started to not play nice, so if you do, it will only screw you. Get the lawyer, and be ready to pay about $500 for an eviction. There is no good way to do it because they will lie to you. If you get cheap and try to do the eviction yourself, you will screwup something, and it will just take longer.

There is no way to make this come out okay.

On the other hand, so long as title is in your sister's name and nothing is to the contrary, you have no problem with a lawsuit.
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Old 05-04-09, 02:46 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Don't you mean your sister and her spouse have provided housing? Or better yet, your sibling and his or her spouse?
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Old 05-04-09, 02:46 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

get a lawyer and get them evicted. tell them you already have a potential renter and can't do anything for them.
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Old 05-04-09, 02:58 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Check the laws in your state as real estate laws differ from state to state.
If your sister OWNS the house...how can the stepchildren have any say at all? It is not their father's house...it's your sisters.....
Make sure your sister has all paperwork for the house...deed etc.
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Old 05-04-09, 03:14 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

http://forum.dvdtalk.com/other-talk/...-you-over.html
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Old 05-04-09, 03:19 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Kill Them, Kill Them All!
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Old 05-04-09, 03:28 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Tell your sister to sell the house and buy a single family. Then your mom and step-father will be the new owners problem.

Where is this? Florida?
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Old 05-04-09, 04:02 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Originally Posted by kvrdave View Post
Anyway, I assume there is no rental agreement. In that case, the state statutes generally apply.
It is important to emphasize that the OP needs to know the local laws. State statutes will apply, but local municipalities also have rental laws. Some local LL-tenant laws are complex, some quite simple. In some places, the fact that there may be no formal lease is significant, and in others, not so significant.

Many larger communities have some kind of office that can handle and advise on local rental laws. These offices are set up for the benefit of the renter, but if you have one, ask them (but maybe ask in reverse, ask as if you are the renter ).
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Old 05-04-09, 04:19 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

I was about to suggest that you ask kvrdave, but he's already chimed in. From what I've seen in his past posts on similar situations - I'd take his advice, based on his experience.
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Old 05-04-09, 04:29 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Building on kvrdave's sage advice, here's what I would do:

1) Verify that all your sister's home ownership paperwork is in order.

2) Tell them that you are sorry that it is not working out and offer them 1K as "moving assistance" if they move out within a month. Give them the cash when they hand over the keys after moving out. I'd even rent and drive the truck for them.

3) Start the eviction proceedings.

4) Do not harass them in any way. No obnoxious telephone calls, no termination of utilities, no changing the locks, etc until the eviction is final.

5) After the eviction is final again offer them 1K to leave the place unmolested.
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Old 05-04-09, 04:36 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Get a lawyer like kvr said.

Just like Costanza and Kramer, he knows.



[Exterior long shot: looking up at an office building]

[Interior of office reception area of "Brand/Leland" as GEORGE, JERRY, and KRAMER come in. They calmly keep it quiet.]

KRAMER - George, why couldn't I use the bathroom in that store?

GEORGE - Kramer, trust me, this is the best bathroom in midtown!

KRAMER - [frustrated] Wha??

JERRY - [dry] He knows.

GEORGE - {Anyway,} on the left--exquisite marble! High ceilings. An' a flush, like a jet engine! [imitates sound] Ha ha!

KRAMER - [impressed] Now, listen, uh. You better not wait. I'll catch you later.

GEORGE - You sure?

JERRY - [dry] He knows.
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Old 05-04-09, 04:58 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Personally, I think eviction is crazy. First, it absolutely ends the relationship, is your sis prepared to do that? Are you prepared to support that against your mom? Second, LL-Tenant laws are usually written in favor of the tenant. Eviction is not easy, there has to be a better way.
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Old 05-04-09, 05:03 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Someone please chime in if this is bad advice, but I would also consider suing them for the cost of the roof repairs. Seems pretty clear that they are responsible for the damage (since they did not get permission for the work), and that might give a little extra leverage in getting them out of the house, you can offer to drop that lawsuit and eat the cost as a compromise in the eviction. Sounds like your sister is planning on eating the cost anyway, so there is nothing to lose.
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Old 05-04-09, 05:16 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Originally Posted by Shoveler View Post
Someone please chime in if this is bad advice, but I would also consider suing them for the cost of the roof repairs. Seems pretty clear that they are responsible for the damage (since they did not get permission for the work), and that might give a little extra leverage in getting them out of the house, you can offer to drop that lawsuit and eat the cost as a compromise in the eviction. Sounds like your sister is planning on eating the cost anyway, so there is nothing to lose.
You may win, but you will likely never collect. I have a folder full of judgements against people. But if they do go to buy a car or a house or something, they may have to pay you off. I don't even bother anymore.
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Old 05-04-09, 05:18 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Originally Posted by LurkerDan View Post
Personally, I think eviction is crazy. First, it absolutely ends the relationship, is your sis prepared to do that? Are you prepared to support that against your mom? Second, LL-Tenant laws are usually written in favor of the tenant. Eviction is not easy, there has to be a better way.
Because LL-Tenant laws are written in favor of the tenant, it is generally the only good way to get people out. Actually, I try to bribe them first, but after that, you have to go with the eviction. But it isn't easy, which is why a lawyer is worth paying for. Expect it to take 2 months.

It sounds to me that the mom has already given the relationship away. Get rid of them, and then repair the relationship, I say.
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Old 05-04-09, 05:23 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Accept the fact that there is no "graceful" way to get them out.

If you are okay with that, get them out.

If you are not okay with that, put up with them.

If you are a wuss who can't face up to hard facts, tinker with the central heating system so that they die of carbon monoxide poisoning.
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Old 05-04-09, 05:34 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

The biggest problem I see is that mom's man thinks it is his house and that his kids want to go to court. I think it is a big mistake to let that sit and fester. Get that resolved first. Leaving them in and continuing to rent to them will not benefit you in this regard.
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Old 05-04-09, 10:25 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Originally Posted by kvrdave View Post
You may win, but you will likely never collect. I have a folder full of judgements against people. But if they do go to buy a car or a house or something, they may have to pay you off. I don't even bother anymore.
if you had a bum tenant who has no money (at least on paper), then you are right, why bother. but, in this case, it seems like the guy has assets and good income. wouldn't they be able to garnish his SS or pension (if it's as good as the OP mentions?) Also, wouldn't any judgment be paid off first when he dies?
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Old 05-04-09, 10:30 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

If a home is built, then there has to be invoices right? And bank statements right? I'd tell the kids to fork up the invoices and the bank statements. Even tell them that you would be willing to pay for the cost of getting the bank statements, IF AND ONLY IF they show proof that he paid for the house.
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Old 05-04-09, 10:44 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Originally Posted by D.Pham00 View Post
if you had a bum tenant who has no money (at least on paper), then you are right, why bother. but, in this case, it seems like the guy has assets and good income. wouldn't they be able to garnish his SS or pension (if it's as good as the OP mentions?) Also, wouldn't any judgment be paid off first when he dies?

I may need to start getting tenants with money.

It still isn't easy. Much harder than an eviction. That is why you have debt collectors that charge 50% to collect judgements.
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Old 05-04-09, 10:45 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Originally Posted by D.Pham00 View Post
If a home is built, then there has to be invoices right? And bank statements right? I'd tell the kids to fork up the invoices and the bank statements. Even tell them that you would be willing to pay for the cost of getting the bank statements, IF AND ONLY IF they show proof that he paid for the house.
None of that matters. The recorded deed showing ownership is all that will matter. Who built it, who paid for materials, etc. won't mean anything.
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Old 05-04-09, 10:59 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Originally Posted by kvrdave View Post
I may need to start getting tenants with money.

It still isn't easy. Much harder than an eviction. That is why you have debt collectors that charge 50% to collect judgements.

well, maybe this would be less of an issue if you weren't renting such shabby apartments.


seriously though, if you had a judgment against him when he died, wouldn't the judgment have to be paid off before the will is disbursed?
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Old 05-04-09, 11:01 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Originally Posted by kvrdave View Post
None of that matters. The recorded deed showing ownership is all that will matter. Who built it, who paid for materials, etc. won't mean anything.
that's kind of what i thought. but then why the nonsense about the kids trying to claim it?
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Old 05-04-09, 11:40 PM
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Re: Advice Needed: Home Rented To Family Member, How To Get Them Out?

Originally Posted by D.Pham00 View Post
that's kind of what i thought. but then why the nonsense about the kids trying to claim it?
My guess is because they watch too much tv and think theyremember some legalhole from Boston Legal or something.
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