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#1
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unwanted guest
I have an in-law suite above my garage. My son used to live in there. He
moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. Can anybody give me some advice? The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. |
#2
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"Kathy" wrote in message
... I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? move his stuff out of the in-law suite and get the door lock(s) re-keyed (or changed) call a law enforcement official when he shows up so he understands he is no longer welcome there He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. based on what you've said he has paid no rent (monetary or otherwise), and, if so, he has not fulfilled his legal responsibilities so what would any renter's rights be based on? Can anybody give me some advice? consult with an attorney on the legal issues (this one is for home repairs) find an appropriate newsgroup for this discussion and/or find someone offline to help you through it The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. |
#3
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In alt.home.repair on Wed, 26 Jan 2005 08:34:32 -0600 "effi"
posted: "Kathy" wrote in message ... I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? move his stuff out of the in-law suite and get the door lock(s) re-keyed (or changed) call a law enforcement official when he shows up so he understands he is no longer welcome there He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. based on what you've said he has paid no rent (monetary or otherwise), and, if so, he has not fulfilled his legal responsibilities so what would any renter's rights be based on? It would be based on the contract. Failure to perform does not vitiate a contract. It leaves the non-performing side liable for damages, but it doesn't mean the other side can do anything it wants. It doesn't matter whether he paid any money or not in most or all states. He may not be a renter if he doesn't pay rent, but he's still a tenant, and the law refers to "tenants" and not to "renters". Can anybody give me some advice? consult with an attorney on the legal issues (this one is for home repairs) find an appropriate newsgroup for this discussion and/or find someone offline to help you through it The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. Meirman -- If emailing, please let me know whether or not you are posting the same letter. Change domain to erols.com, if necessary. |
#4
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"meirman" wrote in message
... In alt.home.repair on Wed, 26 Jan 2005 08:34:32 -0600 "effi" posted: "Kathy" wrote in message ... I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? move his stuff out of the in-law suite and get the door lock(s) re-keyed (or changed) call a law enforcement official when he shows up so he understands he is no longer welcome there He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. based on what you've said he has paid no rent (monetary or otherwise), and, if so, he has not fulfilled his legal responsibilities so what would any renter's rights be based on? It would be based on the contract. Failure to perform does not vitiate a contract. It leaves the non-performing side liable for damages, but it doesn't mean the other side can do anything it wants. It doesn't matter whether he paid any money or not in most or all states. He may not be a renter if he doesn't pay rent, but he's still a tenant, and the law refers to "tenants" and not to "renters". good information, and in your other posts in this thread as well you were silent on the issues raised by the owner of possible (or actual? owner didn't clarify) undergae drinking and pot use by the tenant on the owner's property (i.e. from owner, from below quoted text: " I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot.") are those issues best left alone by the owner in the situation cited, whether possible or actual? Can anybody give me some advice? consult with an attorney on the legal issues (this one is for home repairs) find an appropriate newsgroup for this discussion and/or find someone offline to help you through it The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. Meirman -- If emailing, please let me know whether or not you are posting the same letter. Change domain to erols.com, if necessary. |
#5
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Start simple turn the breaker off that feeds his Room. I doubt he will stay
to long with no electricity. -- Brian Dye ------------------------------------- http://tech-home.com "Kathy" wrote in message ... I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. Can anybody give me some advice? The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. |
#6
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"Kathy" wrote in message
... I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. Can anybody give me some advice? The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. Be very careful how you handle this. Tenant's rights is a very tough hurdle for the landlord to overcome. Document everything. **Consult with a lawyer trained in landlord/tenant disputes.** You will probably end up evicting the tenant. Once they get in and refuse to pay it could take upwards of six months to get them out. Make sure you do everything by the book. Follow all codes. Do not enter their apartment without their approval. If you make one mistake it will be a strike against you when you eventually take this sob to court. Remember it is your house, but its there apartment. And the law tends to lean in the tenants favor, especially if the landlord doesn't follow the book. Did I say consult with a lawyer trained in these matters? Did you have a signed lease agreement with the tenant? Check with your local government - local, state, whatever to find out what you *must* do. Once you get this sob out (or before would probably be better) you can rent the movie Pacific Heights. Good flick about a dream gone sour. |
#7
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"Clark Griswold" wrote in message ... "Kathy" wrote in message ... I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. Can anybody give me some advice? The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. Be very careful how you handle this. Tenant's rights is a very tough hurdle for the landlord to overcome. Document everything. **Consult with a lawyer trained in landlord/tenant disputes.** You will probably end up evicting the tenant. Once they get in and refuse to pay it could take upwards of six months to get them out. Make sure you do everything by the book. Follow all codes. Do not enter their apartment without their approval. If you make one mistake it will be a strike against you when you eventually take this sob to court. Remember it is your house, but its there apartment. And the law tends to lean in the tenants favor, especially if the landlord doesn't follow the book. Did I say consult with a lawyer trained in these matters? Did you have a signed lease agreement with the tenant? Check with your local government - local, state, whatever to find out what you *must* do. Once you get this sob out (or before would probably be better) you can rent the movie Pacific Heights. Good flick about a dream gone sour. It's not an apartment. It's an in-law suite. There is nothing on paper except the note he wrote us whick I never got. He has quit talking to my daughter. His mother doesnt want him so bad that I'm sure she's behind his ranting. Most of the stuff in there is mine. He had to bring his bed because my son took his. |
#8
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The best that could happen is if he got busted for drugs or underage
drinking, he would be gone immediatly. Get legal advise, call your police dept and an atty. |
#9
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#10
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m Ransley wrote:
The best that could happen is if he got busted for drugs or underage drinking, he would be gone immediatly. Get legal advise, call your police dept and an atty. And in some places YOU could actually lose your house to forfeiture under zero tolerance, (which by the way equals zero common senses), laws. |
#11
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It's not an apartment. It's an in-law suite. You may be renting an in-law suite as an apartment illegally, depending on your jurisdiction. If you are doing this, he may be able to use it against you. You need to get legal advice. |
#12
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"Kathy" wrote in message
... I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. Can anybody give me some advice? The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. Just read the other posters comments. Do not turn off the breaker, or anything else. Don't change the locks, or move their stuff out. Be very cordial with this sob. But, your goal is to get them out. You will succeed, but don't screw it up by doing anything to make it uncomfortable for this tenant. I don't want to scare you, but if you do the wrong thing you could lose your house. It will cost you some money, but its a lesson that must be paid for. Did I say consult a lawyer? |
#13
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Beat him up, tie him up, take out in to the hills, make him dig a grave,
make him kneel in it and then pull an empty chamber on him. Then get him to strip and drive off with his clothes, this a..hole needs to learn a hard lesson in life and soon !!!. What kind of pussy is your husband to have let things go so far !!!. -- Marcus I like people, they are bio-degradable !. |
#14
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"Marcus" wrote in message ... Beat him up, tie him up, take out in to the hills, make him dig a grave, make him kneel in it and then pull an empty chamber on him. I do have a bag of lime in the garage...... |
#15
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I think you should find out when and where your local TA (Trolls
Anonymous) group meets. Perce On 01/26/05 10:16 am Kathy tossed the following ingredients into the ever-growing pot of cybersoup: Beat him up, tie him up, take out in to the hills, make him dig a grave, make him kneel in it and then pull an empty chamber on him. I do have a bag of lime in the garage...... |
#16
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Contact an atty even better the police will know the rights he has in
your area and it is free advise. Normaly give him a 5 day notice you purchase these at office supply stores, then file in small claim. Dont cut his heat, electric, locks, or anything, he has legal rights and it will all come out eventualy against you, dont lie on his payments or work, he may seek revenge. You may not even have legal rights to enter his apt now since it was not in writing. I rented a house the tennent was 3 months past due, they called the police when I came out, the police made me leave my house, because I did not have on the lease I could enter anytime. Find out your and his rights before anger gets you in trouble, follow the law on this, you are going to loose either way but you will learn. Do something out of the law and you will regret it in court. A 5 day notice usualy wakes them up fast. If he has partys call the cops because you suspect drugs or underage drinking this jerk will ride you , let him know it is time to go, nicely, legaly. in writing. |
#17
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You people have been watching that Michael Keaton movie too many times.
Go buy two nice Louisville sluggers, call your son up, give your husband and your son each a bat, and send em on up. He will leave. |
#18
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I know it's tempting to beat the living **** out of the little freeloader,
but if you think you're mad now, wait until a judge orders you to recompense him for his belongings, "pain and suffering," etc. You can do no wrong by filing a formal eviction. It doesn't cost much and covers your ass. ASSUME he has tenant's rights, because even though laws vary from state to state, he does have rights - rights you gave him. The fact that he doesn't pay and broke the verbal contract is of no consequence at this juncture; you still have to do a legal eviction, just as you would if you had a written contract. Contracts don't mean a thing once you've provided a space for another human to reside. As such, it has to be inhabitable. So don't cut off his electricity or water, much as you want to (and in my opinion, have a right to!). Don't dispose of ANY of his belongings. Go the formal route. In the long run it will benefit YOU. Next time don't let anyone live in your property without a legally binding contract, background check, and deposit/first month's rent up front. I speak from experience; I was a landlord for 15 years. |
#19
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"Dee" wrote in message ... I know it's tempting to beat the living **** out of the little freeloader, I speak from experience; I was a landlord for 15 years. I'm NOT a landlord!!!!!! |
#20
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On Wed, 26 Jan 2005 11:44:09 -0500, Kathy wrote:
"Dee" wrote in message ... I know it's tempting to beat the living **** out of the little freeloader, I speak from experience; I was a landlord for 15 years. I'm NOT a landlord!!!!!! You are now, and have been for the past few months. - Rich |
#21
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Wake up Kathy you are a lanlord now and must behave as one or you will
never win but may loose big. He has rights like it or not, you gave him those rights. |
#22
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:::sigh::: My point was, I speak from experience. I was trying to help you.
I'm NOT a landlord!!!!!! |
#23
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I am reminded of the time that the US Army was trying to get Noriega out of
the Vatican Embassy - They played very loud rock music day and night until he couldn't take it anymore and surrendered. If there is something that you can do that causes noise, but can be claimed to be normal household activities, he may get fed up and leave. "Matt" wrote in message ups.com... You people have been watching that Michael Keaton movie too many times. Go buy two nice Louisville sluggers, call your son up, give your husband and your son each a bat, and send em on up. He will leave. |
#24
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"Matt" wrote in message
ups.com... You people have been watching that Michael Keaton movie too many times. Go buy two nice Louisville sluggers, call your son up, give your husband and your son each a bat, and send em on up. He will leave. that would be assualt, and if the bats are used to hit him, battery, nevertheless, at a minimum assault, good thing your plonked |
#26
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I know it's tempting to beat the living **** out of the little freeloader,
but if you think you're mad now, wait until a judge orders you to recompense him for his belongings, "pain and suffering," etc. You can do no wrong by filing a formal eviction. It doesn't cost much and covers your ass. ASSUME he has tenant's rights, because even though laws vary from state to state, he does have rights - rights you gave him. The fact that he doesn't pay and broke the verbal contract is of no consequence at this juncture; you still have to do a legal eviction, just as you would if you had a written contract. Contracts don't mean a thing once you've provided a space for another human to reside. As such, it has to be inhabitable. So don't cut off his electricity or water, much as you want to (and in my opinion, have a right to!). Don't dispose of ANY of his belongings. Go the formal route. In the long run it will benefit YOU. Next time don't let anyone live in your property without a legally binding contract, background check, and deposit/first month's rent up front. I speak from experience; I was a landlord for 15 years. |
#27
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Dee wrote:
I know it's tempting to beat the living **** out of the little freeloader, but if you think you're mad now, wait until a judge orders you to recompense him for his belongings, "pain and suffering," etc. You can do no wrong by filing a formal eviction. It doesn't cost much and covers your ass. ASSUME he has tenant's rights, because even though laws vary from state to state, he does have rights - rights you gave him. The fact that he doesn't pay and broke the verbal contract is of no consequence at this juncture; you still have to do a legal eviction, just as you would if you had a written contract. Contracts don't mean a thing once you've provided a space for another human to reside. As such, it has to be inhabitable. So don't cut off his electricity or water, much as you want to (and in my opinion, have a right to!). Don't dispose of ANY of his belongings. Go the formal route. In the long run it will benefit YOU. Next time don't let anyone live in your property without a legally binding contract, background check, and deposit/first month's rent up front. I speak from experience; I was a landlord for 15 years. This thread is scarey! We usually put up visiting professionals we've never met about once a year or so when the Rotary Club I belong to participates in a "Group Study Exchange" with a Rotary club in a different part of the world. We house them in our now unused nanny suite for a week. All of those Rotary visitors have been great guests, and probably have been pretty thoroughly screened by the club sponsoring them, so chances of one of them turning into a "Kathy's nightmare" are slim, but it's something to think about.... If contracts don't mean anything, how do these things work in hotels? Can a deadbeat with more debts than assets pay for one night in a hotel room and then refuse to vacate it until the hotel goes through all those proper legal steps? Or are hotels covered by a different section of the law? My curious mind wants to know..... Jeff -- Jeffry Wisnia (W1BSV + Brass Rat '57 EE) "As long as there are final exams, there will be prayer in public schools" |
#28
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If contracts don't mean anything, how do these things work in hotels?
Hotel/motel arrangements are, by nature, short-term. With residency, oral contracts can carry a lot of weight in a court of law. Both parties entered into an agreement. A lot of it is his word against her word, but there are facts that are indisputable: She took money from him and gave him a key to the residence. And that is a contract. Don't get me wrong, it sucks that he's doing this. Which is why I wouldn't want to see her get burned any more than she already is. |
#29
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In alt.home.repair on Wed, 26 Jan 2005 18:24:55 GMT "Dee"
posted: If contracts don't mean anything, how do these things work in hotels? Hotel/motel arrangements are, by nature, short-term. With residency, oral contracts can carry a lot of weight in a court of law. Both parties entered into an agreement. A lot of it is his word against her word, but there are facts that are indisputable: She took money from him and gave him a key to the residence. And that is a contract. Don't get me wrong, it sucks that he's doing this. Which is why I wouldn't want to see her get burned any more than she already is. Well put. I wish I'd said that. Meirman -- If emailing, please let me know whether or not you are posting the same letter. Change domain to erols.com, if necessary. |
#30
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"Jeff Wisnia" wrote in message If contracts don't mean anything, how do these things work in hotels? Can a deadbeat with more debts than assets pay for one night in a hotel room and then refuse to vacate it until the hotel goes through all those proper legal steps? Or are hotels covered by a different section of the law? My curious mind wants to know..... I don't know all the legal ramifications, but I've read stores in the paper. People would be put up in a room by either state welfare organization or charitable organizations for a specific time. Then they would refuse to move out after that time. It then took a court order to get them evicted. I don't know if the typical overnight guest would have those "protections" or not I'm sure much of this varies by state also. |
#31
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"Jeff Wisnia" wrote in message ... This thread is scarey! If contracts don't mean anything, how do these things work in hotels? Can a deadbeat with more debts than assets pay for one night in a hotel room and then refuse to vacate it until the hotel goes through all those proper legal steps? Or are hotels covered by a different section of the law? My curious mind wants to know..... Jeff Yep! The innkeepers of America have a more powerful lobby than the Landlords do. Defrauding an innkeeper is a crime in all the states I have been in. Defrauding a landlord is a tenant's right! Here if you buy something at a store and write a bad check over $100 it is a felony. The DA collects the money and prosecutes the case for the store. Pay your landlord with a bad check and it is not even a crime. You can only evict the sucker. Here if you drive off from the gas station without paying you can lose your license and serve time. Move out without paying your landlord. That's your right. He can sue you if he can find you. Sue a hundred of them you might collect on one of them when they want to buy a car someday. Colbyt |
#32
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Yes, well a couple of things you guys overlooked.
She admits recieving a letter and then says she did not recieve it. She recieved 500 for 3 month utilities and has fraudulently tried to destroy the payment connection to the family by having a friend cash the money order. GUILTY of IRS income fraud and , FRAUD on the TENNANT by hiding his payment. Now that only a Scum Bag would do... |
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#34
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In alt.home.repair on Wed, 26 Jan 2005 19:24:39 -0500 "Colbyt"
posted: "Jeff Wisnia" wrote in message ... This thread is scarey! If contracts don't mean anything, how do these things work in hotels? Can a deadbeat with more debts than assets pay for one night in a hotel room and then refuse to vacate it until the hotel goes through all those proper legal steps? Or are hotels covered by a different section of the law? My curious mind wants to know..... Jeff Yep! The innkeepers of America have a more powerful lobby than the Landlords do. Defrauding an innkeeper is a crime in all the states I have been in. Defrauding a landlord is a tenant's right! I'm pretty sure that is becaus there have been a lot of rotten landlords who have ruined it for the good landlords, who are the overwhelming majority of them. Here if you buy something at a store and write a bad check over $100 it is a felony. The DA collects the money and prosecutes the case for the store. Pay your landlord with a bad check and it is not even a crime. You can only evict the sucker. I think everywhere in the country if you write a check knowing it is a closed acount or there isn't enough money in the account to cover it, it is a crime. Maybe you're saying in practice they don't prosecute it. It is not a crime anywhere if the check is dated tomorrow or later. (Because I think, one could have planned to put in the money to cover it and then not been able to. Maybe for other reasons too. But that is a reason a person might want to refuse a check which is not dated today. I"m not sure about checks that are dated yesterday or earlier.) Here if you drive off from the gas station without paying you can lose your license and serve time. Move out without paying your landlord. That's your right. He can sue you if he can find you. Sue a hundred of them you might collect on one of them when they want to buy a car someday. Colbyt Meirman -- If emailing, please let me know whether or not you are posting the same letter. Change domain to erols.com, if necessary. |
#35
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you can call your local police department and usually get some pretty good
free advise. Neighbor evicted a non paying tenant by offering her a months rent in cash if she'd leave within a few days. She took the cash and instantly left & of course he instantly rented it to another non payer. "Kathy" wrote in message ... I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. Can anybody give me some advice? The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. |
#36
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In alt.home.repair on Wed, 26 Jan 2005 16:47:06 GMT "bumtracks"
posted: you can call your local police department and usually get some pretty good free advise. A lot of police know the law in general, but most don't know all the details, and some don't even know the basics. One might "usually" get good advice, but the problem is knowing whether this is one of the times they give good advice, or one they give bad advice. Meirman -- If emailing, please let me know whether or not you are posting the same letter. Change domain to erols.com, if necessary. |
#37
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Most real estate contracts have to be in writing so I doubt he has any
rights. Furthermore a contract to be binding requires consideration which means both sides need to give something of value. He hasn't so I doubt he could argue a verbal contract even if verbal rental agreements are enforcable in your state which is doubtful. Throw him out. "Kathy" wrote in message ... I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. Can anybody give me some advice? The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. |
#38
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Art,
A lease is not a "real estate" contract. Leases do not have to be in writing in many locales. Often month to month leases are verbal. It sounds as if this fellow moved in and paid for his room by running errands initially. That he is now a deadbeat does not mean that he is not a tenant. The OP should assume that he is a tenant and do whatever the local customs require to evict him. On a practical note it sounds as if the tenant does not have any money (and so is not worth suing) and the landlord does not have a security deposit so it would be best to try to ease him out. Dave M. |
#39
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In alt.home.repair on Wed, 26 Jan 2005 17:17:29 GMT "Art"
posted: Most real estate contracts have to be in writing so I doubt he has any rights. That's the Parole Evidence rule, if you want to hunt for it on the web, and that's for the purchase of real estate, not the rental. There are millions of leases in America that are only verbal, and they are still enforceable. Furthermore a contract to be binding requires consideration which means both sides need to give something of value. He hasn't so I doubt he Yes, he has. You are mixed up about what is consideration. Some contracts are a promise for an act**, but most are a promise for a promise. Kathy promised to let him stay there (implied: until 30 days after she told him he can't.) and this guy promised to pay a share of the utilities and to do chores, iirc. That's mutual consideration and there is a contract. The fact that he hasn't fulfilled his promises doesn't mean there was no contract, or that this is now no contract. **An example of a unilateral contract, a promise for an act, is a Reward poster. "200 dollar reward for the return of lost dog, Skipper. Brown and white cocker spaniel." When a person performs the specified act, returns the dog, the person putting up the reward poster has to fulfill his promise, and give him the 200 dollars. (I'm sure there's an exception in the law if you can prove he was the one who stole the dog.) could argue a verbal contract even if verbal rental agreements are enforcable in your state which is doubtful. Throw him out. You have some recollection of the law, but not enough . Please don't give legal advice. "Kathy" wrote in message ... I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. Can anybody give me some advice? The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. Meirman -- If emailing, please let me know whether or not you are posting the same letter. Change domain to erols.com, if necessary. |
#40
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Kathy,
This newsgroup is a dangerous place to try to get advise, since just about all but one poster is completely wrong. If you follow the kick him out, move his stuff, call the cops advise, he will certainly have a legal claim against you, and he will win, despite whatever the posters here say. I don't know your state, but he likely has what has been referred to here as "renters rights" whether he has paid you any rent or signed a contract, or not. You have to go through an unlawful detainer (eviction) action to legally get him out. Don't worry, it's inexpensive. Call your local bar association and they can put you in touch of a landlord assistance group or someone who can do it pro bono if you can't afford an attorney. To handle it any other way is not only wrong, but illegal. Also do a search on misc.legal newsgroup for "unlawful detainer." You will get more info than you need. I am a lawyer, but not your lawyer and this post is not intended as legal advise and does not create an attorney/client relationship. Good luck, David Kathy wrote: I have an in-law suite above my garage. My son used to live in there. He moved out and bought a house and a friend of my daughters was fueding with his mom, (his dad already put him out)so I let him move into the room provided he did "son things" and paid his own way as far as utilities went. Well he won't do the son things, has too many people over and told me I'm crazy when I showed him the utility bill and he wont move out. What the **** can I do short of killing him? He's been there since November so he should have saved up enough money to get a place by now. He hides from my husband and wrote us a letter saying he thinks he has renters rights. Can anybody give me some advice? The kid has been lying to us all along. I'm afraid he's going to trash the place or worse yet, get raided for having under-aged friends in there drinking and smoking pot. He was an alright kid when he was sleeping on my couch. Now he thinks he's king of the hill. I just want him to leave. |
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