Any landlords here? Have an eviction question.

rammroddJuly 31, 2006

My mother-in-laws daughter (not my wife, my wife's sister)is 22 and has been in and out of drug treatment facilities since she was 13. My wife, myself and my 5 year old rent an apartment downstairs, and my mother-in-law lives upstairs with my wifes sister. She was kicked out all last summer, but allowed to return home if she did a 28 day program.

So she did the program, moved back in, and within 24 hours she was shooting up again. I don't want her in the house with my daughter here, and my mother in law wants her out. But she's saying,"I know my rights and you can't kick me out. It's against the law!" Can we just take all her crap and throw it in the road. My mother in law is getting the notice to evict paperwork today, but can you have everything expediated under the fact that she's abusing drugs, coming and going freely, making noise till 5 in the morning... I'm waiting for her to burn the house down... there's all cigarette burns in her comforter and stuff. And my mother in law, for whatever reason, doesn't have the cajones to just flip out on her till she want's to leave.

How can we speed up the process of eviction?

Thanks,

Aaron

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sharon_sd

Does she pay rent? If not, as a 22 year old, she is only there by the grace of her mother, unless her mother has made some agreement with legal authorities to supervise her.

    Bookmark   July 31, 2006 at 9:56AM
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rammrodd

No, she pays no rent. In fact, about 4 months ago, she moved in with her boyfriend. She kept a bunch of her stuff here in her room, but we like never saw her. Then, a little over a month ago, she showed up at 9 in the morning after a all nighter saying she wanted help. So my mother in law said she could stay until she got a bed at a clinic. It took about a week or so, and she did her 28 days because she was told she would not be allowed back in the house unless she did the full 28 days. She came home only on the basis that she was and would stay clean. She wasn't even clean for 24 hours...

Now my mother in law called the 7'th precinct and they said she would have to be evicted. But I don't know if they got the whole story. We're in NY. Is what you said law or just what should be common sense. I agree with you totally, but my mother in law is tired and doesn't want to have the confrontation... argh. I say just get a beat cop here and tell them the whole story and they'll probably tell her to leave.

Thanks for your reply.

    Bookmark   July 31, 2006 at 12:15PM
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2sweetpea

I don't think you have an eviction problem. You need some sort of legal help. An injunction or restraining order or some such legal thing saying she cannot come around your mother's house. Then when she violates that you can call the police and she can be arrested. I don't know how it is done in N.Y, but I think you go through the Sherrif's Dept, which is connected to the court system. I don't think it is a difficult thing to do, but it would take some effort on your mother-in-law's part.

    Bookmark   July 31, 2006 at 1:31PM
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rammrodd

Well, she did call an attorney and found out that the cycle for eviction here is the first of the month. In other words, if not served today, she could stay all of next month, then she'd have another month to vacate the premisis, which afterwards, if they did not move, you have to file with the courts and have the marshal issue a 72 hour vacate order....
So she got on the ball, got the forms and got the eviction papers served (both personally and certified mail postmarked today). Hopefully, she'll get the hint and just leave of her own accord... and since she has nowhere to go, hopefully she can find a halfway house or somethign and get clean.

but no, we can't just throw her out (legally).

Thanks again for you comments.
Aaron

    Bookmark   July 31, 2006 at 5:06PM
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lazy_gardens

If she has druugs on the premises, call the cops and have her jailed.

    Bookmark   July 31, 2006 at 11:29PM
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nfllifer

Even if she is gone you have to do an eviciton on her belongings.

This could get tricky. After the eviction you will have to keep it for a period of time and then sell it at a sheriff sale.

(this is MN law)

If you put the belongings into storage it has to be bonded and you need to pay a sheriff an hourly wage to watch you pack and inventory everything. The proceeds of the sheriff sale are yours to keep if the tenant owes money and the excess is suppose to be forwarded to the tenant.

Best of luck and you did the right thing in evicting. A restraining order may also work and may be faster.

    Bookmark   July 31, 2006 at 11:47PM
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lazypup

In most jurisdictions the law forbids "Self Help" eviction proceedings. Only the housing courts may issue an eviction, however, unless the person in question is either listed on the lease or there is a bona fide sublet agreement, she is not a tenant, therefore eviction proceedings do not apply.

Since the individual in question has reached the age of majority, even though there is a Mother/Daughter relationship she would be seen as an emancipated adult and the Mother is under no legal obligation to provide for her.

In this case, she would be seen by the courts as a guest of the household and the head of household has the right to rescind guest status to anyone without notice at any time. You could simply call a cop and have her escorted out and served a verbal "Tresspass Warning". Once the Tresspass warning has been issued if the party returns they can be immediately arrested for treasspass.

    Bookmark   August 1, 2006 at 9:44AM
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talley_sue_nyc

If she has druugs on the premises, call the cops and have her jailed.

I might have some caution here--the other people in the household might be in jeopardy; I'd want legal advice before I did this.

    Bookmark   August 1, 2006 at 11:40AM
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nfllifer

I think Lazypup is incorrect. I'm not an attorney but called an attorney to ask. You can not just toss out someone who has resided at a resident in MN. They didn't know NY law but figured it was similar.

My co-worker had a similar problem where she had to file an eviction. Her step childern were living there and not obeying house rules. Drugs, boys staying the night, and stealing her belongings. She changed the locks but found out through the police she had to give them keys and let them back in with out an eviction.

Its ugly and now they are out. She is also pressing charges for the jewlery! Since the amount was so high it will be a felony!

I also am 100% sure that people not listed on a lease may also need to be evicted. A bad tenant may be evicted. If I have to have the police escort them out only the people evicted are removed from the property. Husband/ Wife I need to file two UD's. Friends that have moved in that I do not know need to be listed as Jane/ John Doe.

Each individual regardless of age, or being on the lease have to have seperate UD's.

MN law is different the NY not sure if this would all apply/

    Bookmark   August 1, 2006 at 3:51PM
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rammrodd

nfllifer nailed it on the head. I still think that an officer called onto scene might not agree with the law, but the law is she has to be evicted, so far as it has seemed with the lawyers we have spoken to.

Thanks for the many replies and comments. Sometimes common sense and the laws differ a bit more than I would like...

    Bookmark   August 1, 2006 at 7:05PM
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cnvh

I think people are making this way, WAY more complicated than it needs to be.

Is the 22-year old on the lease? I assume she is not. If she's not, THEN HAVE THE LOCKS REKEYED and "evict" her, and stop worrying about the legal ramifications.

She's 22. She's a heroin addict. She may SAY she knows her rights, but trust me, unless she is a law school graduate with a very well-off sugar daddy/pimp who'a willing to waste money on legal fees, she is going to be in no position to fight your mother-in-law on this.

The only real issue at hand is this girl's mother being willing to do the hard thing, draw a line in the sand, and stand her ground on this, with no exceptions and no excuses. I work in the addictions field and hear this story every single day, with families calling and wanting to know how to "help" their adult child who won't move out, steals their money, wrecks their car, keeps getting arrested, and won't stop using dope, even though "he promises us every time he comes home that he's going to get help. What can we do?"

The answer is simple-- stop being an enabler. Stop giving them money, and food, and a place to sleep, and keys to the car, and excuses to the cops when they call wanting to know their whereabouts, and bail money. JUST STOP. It's that simple.

Unfortunately it's never that easy to put into practice, but THERE IS NO OTHER WAY TO DO IT.

Your sister-in-law is just using statements about her so-called rights as another way to manipulate your mother-in-law. Please don't feed into it; tell your mother-in-law to have the locks rekeyed and get her out. NOW.

    Bookmark   August 6, 2006 at 7:21PM
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sugarbug

WOW! What a mess! I'm new here and just got a job as a proporty manager in Canada, so not sure how my opinion will hold up with you guys, buy because I'm not a confruntational person, I'd try to get her out of the building some other way. There are all sorts of loop holes in the justice system. Try and evict her for noise or endangering lives with her smokes or something like that. It really sucks that she's family. My main concern is your daughter. Children are losing their innocence too young as it is. There's no need for her to be exposed to drugs this young. Does your sister-in-law have some sort of sponser or someone who should be keeping her accountable? If so, try to find a way to contact them. More then likely they will haul her back into the program.
This Sucks!!!

    Bookmark   August 7, 2006 at 8:28AM
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Chemocurl zn5b/6a Indiana

I'm confused. Who is the landlord? You said you rent the downstairs. Is the upstairs a separate apartment, or part of 'your' rented space?

I thought only a landlord could evict. Does MIL sublet it from you?

I understand you MIL being an enabler, and her position also, now if she just saw it.

SIL says she knows her rights...well let her defend her position. What is she gonna do? hire a lawyer with no money?..assuming she is like all the addicts I know. Gonna sue you?

Considering her drug abuse and your small daughter, I'd try to get a restraining order against her. Then she will be in violation once she comes back without the law with her.

I had an elderly friend who had to do this. The law came and removed step grandson druggy from the premises, and was not permitted to come back, or even call. If he wanted to get any of his 'stuff' that he didn't take that day, he was to contact my friend's son, and arrange to come (with the police) to pick up anything else. So far it has worked pretty well. Being a small town, all the local 'law' completely knew the step grandson and the terrible situation my friend was in.

I have found that these druggies don't want to be anywhere near 'the law' and will not do anything to have the law called on them. They are all afraid of 'the law' and rightfully so.

Have you threatened calling 'the law'? If so, what was the reaction?

Best of luck...Please keep us updated.

sue

    Bookmark   August 11, 2006 at 10:34PM
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marge727

I am an attorney; this is my area of expertise and it is a mess. How big a mess depends on exactly where you are. If you are in New York City, the housing is under Rent Control, and the rules for eviction are very precise; there is no general eviction law.
It is possible for MIL to evict an unwanted subtenant-- the landlord doesn't have to do it, because if the landlord did the eviction MIL would get kicked out also. The police don't really want to get involved in these things because its domestic stuff. If they started to put the daughter out, both women would be yelling at them.
Bite the bullet--call an attorney who does evictions. Any management company will recommend who they use. They know all the rules and can devise a strategy for your MIL. It may be that a restraining order is possible if the daughter is dangerous and a threat to MIL's safety. Or if your MIL really wants to, she can evict a subtenant. Some states have special laws regarding people who live in your residence with you, and make eviction easier. You personally cannot get a restraining order because she doesnt live in your apartment and a judge will just tell you to close your door and keep her out.
Rammrod--here's the bad news--your MIL loves the drama and is never going to kick her out. The landlord didn't say that she could come back if she did a 28 day program--your MIL did. I suggest that you look around for a place to live in another state. Make sure it is not big enough for MIL to move in with you.

    Bookmark   August 14, 2006 at 1:08AM
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mnmchessman

Are there any laws to prevent me from tossing a non renting house guest out of my home? I'm in Michigan. This person has been in our home for a few months while looking for work, but isn't making any progress.
Thanks

    Bookmark   September 24, 2006 at 10:47PM
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lazy_gardens

None at all ... let them know they have to leave, supervise them as they pack, and escort them to the door.

Change the locks IMMEDIATELY afterward.

    Bookmark   September 25, 2006 at 7:23PM
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nfllifer

Mnmchessman. You can't thown anyone out lease or no lease, paying or not paying in my state.

Call an attorney for your States laws. In MN they have rights. I can tell you as a landlord when I evict a family I have to evict EVERY family member indepently. The Wife, Husband, teenage kid, or even infant! If they have "guests" I don't know I then evict Jane and Jon Doe.

Legally parents can not even kick out adult children living at home not paying rent or working etc without a formal eviction.

Good luck but don't throw them out without some expert advice.

    Bookmark   September 28, 2006 at 10:36AM
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bud_wi

There was a similar story on another board that I am on. Everyone kept saying "Change the locks!"

Where I live you cannot just toss someone out if they have lived there 90 days as their primary residence. Most states have this law or something very similar. You must go through the courts. I know this 'Doesn't sound fair' but that is what you have to do to keep *yourself* out of legal trouble.

In a case like this you will probably have to get a *restraining order* and that would get the culprit out IMMEDIATELY.

Evictions take more time and you can't throw someone out for non-payment of rent if they never paid any rent in the first place!

Never ever let someone move in with you without *something in writing*. No matter how well you know them, or whether or not the are related to you. Always have something in writing limiting *the length of their stay* AND how much, or if any, rent is to be paid. In other words -- get a lease OR a rental agreement.

The original poster wants to know how to speed up an eviction.........Get a restraining order. You can get a temp order right away. You can have LE serve it the same day and they will take her away. THEN, go to court and get a PERMANENT ORDER.

    Bookmark   October 8, 2006 at 2:33AM
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