I'm not sure which path to take
This is a discussion on I'm not sure which path to take within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; My best friend, her bf and their 2 kids moved in with me into my house last year in November. ...
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|Jun 6th, 2008, 07:12 PM||#1|
I'm not sure which path to take
My best friend, her bf and their 2 kids moved in with me into my house last year in November. When they moved in we agreed that come first of the year they would start looking for work and get jobs to help support the household. Since then, my bank account has been depleted, and I'm having to scrounge for money to pay my bills. They have never paid me a cent for rent, or bills or helped with anything financially. the best friend is getting food stamps and has her living address as living with me, the bf works under the table...so can't prove income...
When best friend applied for her food stamps, she had to provide proof of residency, so we typed up a lease agreement back in april, but they've never honored it, would this be breach of contract, and I can kick them out immediately, or would I still have to go through the court?
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|Jun 7th, 2008, 09:57 AM||#2|
Top Level Member
Join Date: Jul 2007
Location: southern OH
Re: I'm not sure which path to take
You may have complicated things by typing up that lease. Does the lease say they were to pay a certain rent? Did you both sign it? If so, go to the clerk of court or on the court's website (I suggest going to the clerk's office) and get a Pay or Quit notice. The clerk usually has a sample form to show you how to fill it out. Ask the clerk what the legal method of service is (hand deliver, delivery with signature, post to front door of residence, send by certified mail, etc.) You want to be sure to get it to her according to the legal method. Make the form out to her name, her BFs name, then mark "And All Others" after their names to cover yourself. Keep a copy of this notice that you serve in a safe place where they can't get it.
This notice will give her a number of days to pay you all the rent she owes you or to move out. Since she's not going to pay, her only oiption will be to move. She probably won't do it. So after the number of days on the form (usually 3-10 day, not counting the day you give it to her, weekends, or holidays) you go back to the clerk's office with your copy of the form, a copy of her lease, and you ask the clerk to file eviction for you. Again, look at the sample and fill out the forms. Mark the forms again to her, him, and all others. You may want to call the clerk ahead of time and ask if you need to bring any other paperwork with you. (Some states require a tax card or a deed.) The court will serve her with the eviction notice.
A hearing will be scheduled for 2-6 weeks later depending on your area and how busy the courts are. In my experience, tenants usually move out just before this hearing. It will be tense in the house for this period. Just try to avoid her. You may want to go through the house and take dated photos now, before you start this process to document your belongings and the condition of the house now. This will help protect you against her trashing the place or stealing your stuff. At the hearing, you will state that she has paid no rent. She will get to try to defend herself (but since she hasn't paid, there really isn't any defense). The judge wil then tell her to mve out within 24-72 hours. If she doesn't, you can ask the court to have a sheriff or baliff to come remove her from your property. Change the locks immediately so she can't return. And let this be a lesson - never rent to friends or family.
Since she has lived there for so long, she has established residency there (plus the fact that you gave her a written lease saying she lived there). So it is illegal to just toss her out. You can't legally remove her, her belongings, or shut off the basic utilities on her. You have to go through court to do that. You can, however, remove the cable, phone, or internet unless you specifically included them in your lease. This would make it a little less pleasant to be there for her. You can remove all soap, shampoo, toilet paper, towels, and any other item not essential to a rental. Put a lock on your room and keep them in there. You can keep all food in your room too so she has to buy her own. Yes, it will be a pain for a couple of weeks, but the idea is to make it more difficult for her. Once she sees the gravy train has stopped, she may move out on her own and save you the court costs. Good luck.
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