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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Wichita, KS. My mother and father in law own some property that they are renting to their son and daughter-in-law. The son and spouse got into a huge fight and the daughter-in-law said she is going to file for divorce and get him kicked out of the house. What steps can my in-law take to get her out of the house? Please help! time sensitive.
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#2 |
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"What steps can my in-law take to get her out of the house?"
None. This is a dispute between him and her. Let them handle their argument and have all others stay out of it. They rented to their son and his wife as a couple. They both have rights to the rented space. Neither can force the other out without a judge's consent. Let the judge do his job and stay out of the dispute. |
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#3 |
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This could all depend on if they have a formal lease. If the parents have a formal written lease, then it will have to be honored, and the in-law has as much of a chance of being able to keep the lease as the blood relative does. That will be up to the courts. The only recourse possible would be in the in-law does not keep up on rent or trashes the place.
That being said, if there is no formal lease, then you need to check with the local courts as to how much notice must be given to have the in-law vacate the premises. Locally, it's 60 days notice. And that's for anyone you let move into your residence, but sign no legal contract. Including family! (Of course, unless there is a threat, ect.) But different states have different regulations, and then many cities/counties/ect. have their own rules and regulations. So check into the lease situation, and then look into local and state statutes on the matter. |
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#4 |
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Beware asking only one of a set of tenants to leave like this. Asking only one of a group usually negates any rental agreement you have with all of the occupants. It can be discriminatory to ask only one to leave when two or several rented the place as a group. You must normally ask ALL to leave, or none. Everyone who rented the place has the same rights based on occupancy. Asking one to leave because she is an in-law may be discrimination based on familial status or sex, which is illegal. I strongly suggest you just wait this storm out and see what happens between the two of them. You don't need to add to this problem or take it upon yourselves.
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