General Question

MichaelfromCA's avatar

How would we remove an unwanted family from the house we rent?

Asked by MichaelfromCA (8points) February 14th, 2011

Ok so my Mom let her daughter (my ½ sister)husband, and 2 daughters stay with us a while since she got evicted and is homeless. Its been 3 weeks and she has overstayed her welcome. She changed her mailing adress to ours but we never said she could. They are not on the lease and we are renting. They say we have to serve them with a 30day notice even though we never said they could move in nor stay here for an extended period of time. My mom wants them out now since they’ve overstayed their welcome and blown alot of money they could of used on a house. Can we just call the police and have them moved out since they don’t live here.

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23 Answers

xjustxxclaudiax's avatar

Have they even showed signs of them planning on moving out?..have they looked for other houses or other place’s to rent?...If not then kick them out whenever you want, they shouldn’t be freeloading and you should make it clear to them that you want them to leave asap. If they have been working on moving out, give them a weeks notice, and if they have not moved within that week, call the police.

xjustxxclaudiax's avatar

I know that some people might find this mean and think “but thats your family, blah blah blah”...but I know how you feel. My moms been letting people live at my house for free all my life, and the only reason they ever move out is because of me. I tell them to leave. Family or not, its either you or them. You and your mom, I’m sure, have worked hard to live where you guys are at now and I understand how it feels to have someone overstay their welcome. Make it clear that you want them to leave soon or else they’ll keep staying until you explode…they’re just acting like it doesn’t bother you just to squeeze another night or two, so don’t be fooled!

tan235's avatar

hmmm maybe just sit them down and explain the situation?
Tell them they can’t stay there anymore, just be honest and upfront.

You could say you have other people coming to stay and htey have to leave by a certain date but things like this are horrible, and it’s not fair for them to put you in to this situation but obviously the power has been put into their hands so your mumma needs to get it back.
it’s her house and now they can’t stay.
ask them to leave, explain that you’ve organized a hire truck to help them move, make out like you’ve done something nice for them – explain that you’ve organized a nice little hotel just in case they havn’t found anything within a certain time period that you decide.
Then continue to be nice to them until they leave…. but definitely make sure they leave.
grrrrrr it’s not fair when people take advantage.

klutzaroo's avatar

You (or rather your mother) can tell them to leave at any time. They’re not on the lease as a resident and therefore are not allowed to live there, nor to stay for an extended period. If you need to, tell them that they’re violating the lease by being there and that you could get evicted too. Its not outside the realm of possibility. Your mother (NOT YOU) can call the police and have them escorted off the property, but this should be a last resort. Your mother should give them a few days to get out after telling them they have to and then tell them that the landlord found out and is threatening to call the police and have them removed. If they don’t leave then, she should call the police and have them removed.

Main thing is, she is the main person on the lease. She is the adult and the one who needs to be doing things like telling people to get out of the house and calling anyone who needs to be called. Not you.

perspicacious's avatar

Who are they? (hey say we have to serve them with a 30day notice). You, like many others, do not realize that when you allow someone to come into your home, stay for an extended time, and receive their mail there, they become occupants and have rights. Your mom should go ahead and give the 30-day WRITTEN notice. She can have them removed at the end of the 30 days.

This is my personal opinion; not legal advice.

optimisticpessimist's avatar

The laws can differ depending upon the state, county. Call your local police department and they should be able to tell you whether you legally have to give them a 30 day written notice. Since they said serve them with a 30 day written notice, it sounds as if they have no intention of moving unless they have to. They probably know the law particularly since they have already been evicted. If they have paid money toward rent, they probably would not be considered guests. Do this as soon as possible because if the 30 day notice is necessary it will give them a month after they are given the written notice.

This is my personal opinion; not legal advice.

john65pennington's avatar

No. Once they have established residency(clothes there, mailing address changed), you have to seek a Writ of Eviction. Once served, they have 30 days to leave the property or the Sheriffs Dept. will evict them for you.

The sooner you seek the Writ, the sooner they will be gone. The Writ gives them 30 days, in order to locate another place to live.

The police have no jurisdiction over this type situation. It’s a civil matter, not criminal.

Shegrin's avatar

Have you explained that you’ll all be homeless together if they blow your lease? If your landlord finds out, you will be evicted. Also, is she just having her mail forwarded there, or is she calling places to change the address? Kindly explain that she is the one who made the choices in her life that brought her to where she is. It’s nobody’s responsibility but hers (and her husband’s) to fix.

MichaelfromCA's avatar

You cant have a civil conversation with them because they are just waiting to explode. Me and my sisters have to deal with the problem because my mom isnt all that responsible. (my little sister is 16,im17,my older sister is 18) And i don’t want to call the police if they have to be served a 30day eviction notice, because that 30days will be hell. They got evicted from the same landlords that we have. I am already stressed as it is over schooling issues and a sleeping disorder. They do drugs and have tried selling it out of our house. They don’t see me or my sisters as adults and my mom is currently in the hospital from pneumonia. And everyone I know what you are saying is your personal experience and/or opinion not legal advice. Thank for the help and keep writing.

john65pennington's avatar

You failed to mention the drug use and selling in your original question. Why not try this. Contact you local police and arrange to have a meeting with a police officer. Explain the situation to him. Make sure he understands the drug situation and that you are not involved. In other words, you are going to snitch on them, in order for the police to make an arrest. Since you are a minor, your 18 year old sister will have to make the contact with the police.

Judi's avatar

You may be ale to get a little help from your landlord (or it could backfire.)
You could tell the landlord that you would like them to serve you with a “3 Day Notice to Preform or Quit,” for violation of the lease by having unauthorized persons living in the apartment.
Presenting this to your sister may be enough to get her out, but if she doesn’t move out you she might just bring you all down by getting an eviction on YOUR record as well!
The cheapest and easiest thing to fo is to pay a week in one of those rent by the week motels for her, then CHANGE THE LOCKS!
The law would probably view this as a domestic matter and not as a sub lease. As a landlord I hate these situations!

xjustxxclaudiax's avatar

Get rid of them! >_< You could also threaten to tell if they dont leave…scare them away and file a restraining order….Sry….How dare they even think about bringing drugs to your home..Pathetic..Makes my blood boil!

wundayatta's avatar

I’ve faced the situation where I needed to get rid of infestations of unwanted tenants twice. The first time, we brought in a few big friends and told them they had to leave. They left. The second time, we were dealing with someone with mental health issues—perhaps depression or perhaps schizophrenia. We bribed him to leave.

Do they have keys? If so, it is very dangerous. You should change the locks as soon as possible. They should not have freedom to move in and out. Also, they might change the locks on you, if you don’t do it first. Or not. I forgot. You are tenants. The only one who can change the locks is the landlord.

It doesn’t sound like they care about you or what happens to you. This is a tough situation. Good luck.

Supacase's avatar

Tell them they need to be out in 3 days. Change the locks, put their belongings in storage and arrange a time for them to pick them up. Maybe it is illegal and you are required to give them 30 days notices, but do you really think they are going to pursue it in court?

skfinkel's avatar

I knew a situation where a son brought his wife and then couple of kids to stay in his parents’ basement apartment while they were looking for a new place. After years and years, and many more children, the parents who had begged the family to leave had to finally sell the house themselves. Obviously, these things can be tricky. However, since your interlopers are not on the lease, and you are renting, I think you can point to your lease that probably does not allow another family to move in with you, and use that to get them out. However, that is up to the landlord, and I would enlist his help to remove them, since otherwise, you will probably be thrown out anyway for breaking the lease. At least if he helps you, you can show that you are cooperating with his rules. He might understand that these freeloaders were guests briefly and then became a nuisance.

srtlhill's avatar

Get a 100 dollar bill. Rip it in half and give the person you want out half. Let them know that after they have moved you will give them the other half and they can keep the hundred you keep your house. Good luck. Ask for help from other relatives if you can’t do it.

bobbinhood's avatar

@srtlhill Can you use money after it’s been torn in half? Either way, free rent is worth a whole lot more than $100.

wundayatta's avatar

Yeah, when my brother bribed the tenant to leave, it cost upwards of ten thousand dollars.

srtlhill's avatar

Yes you can tape the 100 and still use it.
If it’s gonna take thousands than start the paperwork to get it done. You’d be surprised at what actual money in hand can do. Yes it is a motivator if they need that next score right away.

mrrich724's avatar

Just tell them to get the F*** out. If they’ve been so horrible that they are practically family yet they’ve worn out their welcome in just three weeks, then I doubt you need to worry about the pleasantries when telling them to leave.

And I do like @Supacase idea, when they aren’t home, throw their shit out and change the locks, then call the police and make them look like crazies if they start something.

alamo's avatar

If they have illegal drugs in your house, it changes the risks to you and your sisters. If the police come to your house and find drugs, they can arrest everyone in the house.That means your 18 year old sister might be in an adult “prison” and you and your younger sister might get put into a youth facility. If your mom is in the hospital, she won’t be able to help any of you out of jail.
Go to the police. Tell them the situation. Let them know in no uncertain terms that you and your sisters are not involved in the drugs and you want them out of your house.

klutzaroo's avatar

I agree with the people who are supporting getting drugs out of your house. You can go to the police, the resource officer at school if you have one would be an excellent person, and explain that your mom is in the hospital and has nothing to do with it and neither does anyone else in the house except for the people responsible, but that you want the drugs and the druggies out of the house. Tell the police everything you can think of as long as its the truth. Go talk to the landlord and tell him that you’ve got squatters that you’re trying to get out of the house and ask if you can have a copy of the lease, especially the part that talks about people who aren’t on the lease living in the house. Let him know you’re trying and that it isn’t the legitimate residents fault that these people are squatting in your house and ask if there’s anything he can do to help, such as changing the locks or demanding that they leave. If you’re the oldest responsible person in the house and your mom is unable to deal with the situation, I guess it is on you to do what you can about it. Just know that if both parents end up in the lockup for drugs, their kids are probably going to end up in foster care at least until your mom can get back and then they might be living with you anyway if they don’t have anywhere else to go. Good luck.

naresh28's avatar

simply be frank with that person. let them know they are no longer welcome there and take the proper steps to remove them.

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