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Old 01-06-2009, 07:13 PM
 
Location: A little suburb of Houston
3,702 posts, read 18,213,847 times
Reputation: 2092

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You need to review the landlord/tenant laws for your state (you did not say where you were from). The father may be considered a subleasee and therefore you may need to go through the eviction process including the 30 day notice, 3 day pay or quit (whatever is required in your state). If he goes on his own, all is well. If not, it could cost you some money. Above all else, follow the laws for your state. If you do not, he could come back at you for illegal eviction. As stated above, you could also have problems with your own LL if subletting was not allowed (though you may be able to avoid as he was a family member). Make sure that you record everything in writing.
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Old 01-06-2009, 07:14 PM
 
504 posts, read 902,354 times
Reputation: 155
Quote:
Originally Posted by DESERTRYDER View Post
Leave him there and you guys move elsewhere.

You know he's going to cut her out of the will
I agree
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Old 01-06-2009, 07:15 PM
 
Location: southern california
61,288 posts, read 87,413,299 times
Reputation: 55562
its not a lease or a rental agreement its shared housing.
very messy very sticky and very stressful.
i live alone in a small place, i never have to deal with more than 1 crazy person
ever.
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Old 01-07-2009, 04:46 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,696,895 times
Reputation: 26727
Quote:
Originally Posted by Huckleberry3911948 View Post
its not a lease or a rental agreement its shared housing.
very messy very sticky and very stressful.
i live alone in a small place, i never have to deal with more than 1 crazy person
ever.
I am SO with you there!!!!!
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Old 01-09-2009, 12:10 AM
 
48,502 posts, read 96,848,488 times
Reputation: 18304
Were I lkive you would go to the justice of the peace in the precinct you live in. They would tell you waht notice you have to give. if he does move then you would have to file weith teh court and law enforcement would take over.They would give him a certain time and then move him and his possessions out.
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Old 01-12-2009, 04:28 PM
 
Location: State of Being
35,879 posts, read 77,491,785 times
Reputation: 22752
He is a guest. He is not a renter. He is no longer welcome in the apartment. Call the cops and have him removed.
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Old 01-21-2009, 06:49 PM
 
Location: redding,ca.
1 posts, read 2,880 times
Reputation: 10
This sounds like my problem i have a ex-boyfriend who I am trying to get away from and because he stayed at my house off and on I left him and the new law states that if they stay with you for more than two months they have the right to be there and they have to be evicted same as if they were on the lease. So this is really making it difficult to get away cause he called the cops and that is what they told him of his rights to my house. I talked to my landlord and she won't write a eviction because then she would have to evict me. Someone help me too.
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Old 04-20-2009, 08:29 AM
 
Location: chicago
1 posts, read 2,598 times
Reputation: 10
I lived witha boyfriend. when we first got this apartment, im the one who put up the payments to get this apartment for us - literally, i paid everything. 1 month deposit, 1 month advance and the security as well. during the year 2007 we went thru a big a fight and we broke up and we decided to take my name off the lease, so we did. late year last year we got back together..in short im back in the same apartment that we lived in for 6 months now but he didnt take the time to put my name back in the lease. I've been paying all the bills pretty much 80% of it - i bought almost of the appliances we have in the apartment and unfortunately we had a big fight again and had to call a police on him,and he claimed that he wants me and my child out "his" apartment. I want my money back and knowing that i put all my money back to this apartment - i dont have any money right now to get a new place for me and my child for this short period of time. he wants us out in 5 days. what are my chances? please help.
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Old 04-20-2009, 11:04 AM
 
Location: Apple Valley Calif
7,474 posts, read 22,880,812 times
Reputation: 5682
OP is a one post wonder, and people are still answering six months later... Interesting...
I just saw a court case dealing with this very thing. Anyone staying in your home for over a month, even if its a non paying guest, you must go through the legal proceedings or you are liable.
Kicking his/her out, putting their stuff on the front step, all that is illegal, if they were to take you to court. It is an illegal eviction and the court will side with the injured party. They must receive a 30 day written notice, and if they still don't go, you have to go through the court system. They can not be legally evicted without an order signed by a judge...!
So a father, boyfriend, whomever you invite in to stay, has legal rights. Doesn't matter if they are on the lease, or are non paying, you can not just kick them out.
In reality, no bum under those circumstances will probably want to mess with suing you, but if they do, you lose...! Do you feel lucky....?
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Old 04-20-2009, 11:18 AM
 
48,502 posts, read 96,848,488 times
Reputation: 18304
In most sates actual eviction has court cost attached. you might lookup the process in your state and at least start with the evictionl etter most require before filing with the court.Go to whatever copurt handles eviction in your sate and they will explain the process and fees if he has to be served or forcably evicted
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