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  #1   Report Post  
Kathy
 
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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   Report Post  
effi
 
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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   Report Post  
meirman
 
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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
--
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or not you are posting the same letter.
Change domain to erols.com, if necessary.
  #4   Report Post  
effi
 
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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   Report Post  
Brian
 
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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   Report Post  
Clark Griswold
 
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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   Report Post  
Kathy
 
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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   Report Post  
m Ransley
 
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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.

  #10   Report Post  
GFRfan
 
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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   Report Post  
DT
 
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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   Report Post  
Clark Griswold
 
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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   Report Post  
Marcus
 
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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   Report Post  
Kathy
 
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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   Report Post  
Percival P. Cassidy
 
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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   Report Post  
m Ransley
 
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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   Report Post  
Matt
 
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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   Report Post  
Dee
 
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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   Report Post  
Kathy
 
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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   Report Post  
Here to there
 
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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   Report Post  
m Ransley
 
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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   Report Post  
Dee
 
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:::sigh::: My point was, I speak from experience. I was trying to help you.









I'm NOT a landlord!!!!!!




  #23   Report Post  
Andrew Neilson
 
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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   Report Post  
effi
 
Posts: n/a
Default

"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


  #25   Report Post  
Matt
 
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You really are as dumb as you look, aren't you?



  #26   Report Post  
Dee
 
Posts: n/a
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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   Report Post  
Jeff Wisnia
 
Posts: n/a
Default

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   Report Post  
Dee
 
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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   Report Post  
meirman
 
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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   Report Post  
Edwin Pawlowski
 
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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   Report Post  
Colbyt
 
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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   Report Post  
m Ransley
 
Posts: n/a
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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...

  #34   Report Post  
meirman
 
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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



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  #35   Report Post  
bumtracks
 
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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   Report Post  
meirman
 
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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
--
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or not you are posting the same letter.
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  #37   Report Post  
Art
 
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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   Report Post  
David Martel
 
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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   Report Post  
meirman
 
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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   Report Post  
Dave
 
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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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