Landlord Tennant Problem

[tmarch291]

Hi all,

Thanks in advance for the advice. My problem is this:

NOTE: This is Nassau County, New York.

About 7 years ago, my mother (who was 84 at the time) allowed a friend of her's to move in with her as sort of a "helper." No agreement was signed with her, and to make a long story short, this woman did absolutely nothing. Now that my mother moved into an assisted living facility, I've decided to rent the house.

However, the problem is that the woman refuses to move out. In August, I told the woman that she had to move out December 1, but she is still in the house. She hasn't even packed up her stuff. The woman is very sick in the head (she called the police on me claiming that I stole her remote,) but the law enforcement agencies refuse to kick her out of the house, saying that they don't want to get involved.

I've called a lawyer, and he claims that she has the rights of a tenant because she's lived there such a long time. He also told me that eviction proceedings would cost me $7,000-11,000.

I really need this woman out of the house, since my contractor will not work with her there (She called the police on him, BTW.)

Could anyone offer me advice on this matter. I would love to cut the power and freeze her out (I'm usually a compassionate guy, but not for this woman,) but I understand you can't do that in most places.

Thanks again for everyones help,
Tim

I'm not familiar with FL tenancy law so this is what I would do if this was occurring here (Alberta). We have specific provisions to evict tenants who are occupying a property without a lease agreement. Since they are not living there under a signed lease, they lose many of the protections offered to real tenants; we are able to give them a 14 day notice to vacate. Check if there are similar provisions in FL law for tenants who do not have a signed lease - don't assume you have to give her the same due process as a real tenant.

Second, investigate FL law if you are required to provide utilities even if no lease exists. Again, it would be considered a violation of the tenancy agreement to cut off utilities on a paying tenant but you may not be required to provide utilities if no agreement exists between you and the person occupying the property. Again, check FL law to see exactly how the utilities provisions are worded. Unless she can produce a signed lease agreement, it's difficult for her to claim she is owed use of the property and utilities.

Lastly, the $7-11k amount for an eviction sounds extremely high. Check with your local landlord association or some of the legal advice hotlines to see if you can find a cheaper source of assistance. Paying a lawyer to handle an eviction would be overkill when a bailiff or civil enforcement officer could probably handle the case for far less. We have a lawyer but we've never used his services for evictions simply because of the amount it would cost us.

Sorry - I saw after you posted you are in NY not FL. Here are some resources: New York Landlord Associations

[tmarch291]

Thanks for your help.

It sounds like you folks up north got it right. I will contact a landlord association for some advice.

Since she has lived there so long, she does have resident's rights. However, it should not be that difficult to remove her since she has no lease and is not paying rent. Simply give her one month's notice (before the end of December) IN WRITING, that she needs to be out by January 31st. Send this notice certified mail with return receipt requested, regular mail with delivery confirmation, and post it on the door of the residence (taking a dated digital photo of it hanging on the door). Keep a copy of the notice. I assume you have POA for your mother? If she does not move out by the end of January, post a notice on the door of the residence saying you will inspect in 24 hours. Then go back the next day and see if she is still there. If so, take the copy of the notice to the clerk of court's office and ask them what is the next step. It should be to file for eviction. You can do this yourself without an attorney, or call around and ask for a law firm that specializes in residential evictions and who does them for a flat fee. You should be able to evict for under $1000. Call a local chapter of REIA and ask for a referral to a flat rate eviction attorney.