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Have I Lost Rights to My Home

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  • 07-28-2009, 04:19 PM
    sami yin
    Have I Lost Rights to My Home
    My question involves an eviction in the state of: Ogden Ut

    I had agreed to rent to a co-worker, my back bedroom only because she claimed her husband was abusive and has stalked her in the past, and she had promised her husband would never know where she was. her husband has been here twice? I found out by coming home twice early. I gave her notice to move with an explanation. and now I am being verbally abused when she is in my home, she had told me to be careful about my dog that someone could steal him and sell him for 200.00 we had an agument about her eviction that night and the next day she asked me if I thought she would have hurt me because I seemed afraid of her. Im 60 years old 5'2 & 130 lbs she is 5'9 302 lbs and yes I am afraid of her, and she knows it. she had arrest history as well as medical "bypolar' so i do not feel myself and my dog will be safe..
    I had given her a set of keys to the house when she moved in, she has only been here for 3 months, which she lost both keys, I gave her a new key, and since she was evicted I did not want to give her a dead bolt key due to fear of losing my dog, we both work togeather at a drug rehab for women, and both work the same time so she knew when she would be able to get in, she wasn't being locked out. today she left work early and when I arrived home the police was there and she claimed I was locking her out, I told the officer she lost her key & was not locked out, well after the office left she now tells me My life will be hell, I also found out she has been bringing ladies from drug rehab to my home when she is supposed to be transporting them to Doctor visits etc.. while I am at work so am I in the wrong not to want to give her a key? I seem to have lost all rights to my own home. She was having the police officer give me a paper that states I must take her to court to get her out? I am on survivors bennifits and volunteer at the salvation army I have no way of taking her to court, and she is taking over my home and me. please advise thank yuo for any advise what I can do
    I just wanted to help her. thank you -

    Quote:

    Quoting sami yin
    View Post
    My question involves an eviction in the state of: Ogden Ut

    I had agreed to rent to a co-worker, my back bedroom only because she claimed her husband was abusive and has stalked her in the past, and she had promised her husband would never know where she was. her husband has been here twice? I found out by coming home twice early. I gave her notice to move with an explanation. and now I am being verbally abused when she is in my home, she had told me to be careful about my dog that someone could steal him and sell him for 200.00 we had an agument about her eviction that night and the next day she asked me if I thought she would have hurt me because I seemed afraid of her. Im 60 years old 5'2 & 130 lbs she is 5'9 302 lbs and yes I am afraid of her, and she knows it. she had arrest history as well as medical "bypolar' so i do not feel myself and my dog will be safe..
    I had given her a set of keys to the house when she moved in, she has only been here for 3 months, which she lost both keys, I gave her a new key, and since she was evicted I did not want to give her a dead bolt key due to fear of losing my dog, we both work togeather at a drug rehab for women, and both work the same time so she knew when she would be able to get in, she wasn't being locked out. today she left work early and when I arrived home the police was there and she claimed I was locking her out, I told the officer she lost her key & was not locked out, well after the office left she now tells me My life will be hell, I also found out she has been bringing ladies from drug rehab to my home when she is supposed to be transporting them to Doctor visits etc.. while I am at work so am I in the wrong not to want to give her a key? I seem to have lost all rights to my own home. She was having the police officer give me a paper that states I must take her to court to get her out? I am on survivors bennifits and volunteer at the salvation army I have no way of taking her to court, and she is taking over my home and me. please advise thank yuo for any advise what I can do
    I just wanted to help her. thank you -

    she asked for a rent agreement and it is month to month with a two week notice or thirty day, I gave her a thirty day on the 15th of july
  • 07-28-2009, 05:59 PM
    LawResearcherMissy
    Re: Have I Lost Rights to My Home
    You MUST initiate formal eviction proceedings if she does not vacate within 30 days of written notice to leave.

    You can find free legal help in Ogden here.
  • 07-28-2009, 06:20 PM
    sami yin
    Re: Have I Lost Rights to My Home
    Hi,
    I have been reading some of the answers here and it seems my problem comes under a lodger and not a tenant landlord situation? and I wouldn't have to initiate a formal eviction? She really does not live here, she only wanted to rent the room as a sanctuary type of living, she has only actually slept here maybe 6 times in a month, she does not receive any mail here, she leaves her dog with me and I have been taking care of her dog for three months. her permanent home is with her husband and my home is not her place of residency
  • 07-28-2009, 06:40 PM
    aaron
    Re: Have I Lost Rights to My Home
    I suspect you're reading threads addressing California law. Most states don't distinguish between a lodger and any other tenant.
  • 07-28-2009, 06:42 PM
    aardvarc
    Re: Have I Lost Rights to My Home
    When she originally moved in and you gave her keys, it was under the implied understanding that she would be staying there to avoid living with her abusive husband. That she actually only slept there a few nights isn't likely to be enough to convince a court - and things like getting mail are only one common thing looked at - the court will look at the overall situation to determine if she was a tenant or not - and we're telling you from experience, that she's a tenant (not to mention that if she was a lodger, the police would have acted at the scene, and they didn't - THAT means you'll HAVE to treat her as a tenant).

    For the benefit of other posters reading this thread: if you are considering opening your home to someone as a helping hand, you need to be aware that you are incurring a HUGE potential legal nightmare. If you want to help someone, give them money for a motel, drive them to a local shelter, help them find an apartment and a roommate, help them with the money for utilities deposits, or give them a good reference or whatever - but if we had a dollar for every post where a good samaritan got screwed in similar situations, we'd all be retired to the South of France! Once they are in - they are IN - and you'll have to go through lots of hoops, paperwork, calls to police, court appearances, expenses, and headaches to get anyone OUT of your home once you've let them get comfy - regardless of WHY they got into your home to begin with.

    A big red flag to watch out for is that they are coming to YOU in the first place. Be aware that this can mean that they have burned every last bridge with their parents, their children, their family, their other friends, etc. - and that should tell you that SOMETHING isn't going to turn out well.

    Also, be aware that the dynamic of domestic violence is that the most dangerous time for a victim is AFTER they've left an abuser. Some 70% of murders of victims of abuse (and those who HELP victims who also become targets) occur once the victim is trying to get established somewhere else. Unless you've got 24 hour staff, bullet proof glass, a secret location, monitored and controlled entrance/exit and hotline emergency service with police, "hiding" victims in your home isn't doing THEM any favors and is increasing risk to you and YOUR family. If they are in true danger, they need to be in a domestic violence shelter and/or working with a domestic violence advocate from a local police department or DV program to do comprehensive safety planning - simply moving someone into a different place (particularly in the same town) doesn't even touch the tip of the iceberg in terms of keeping them safe.
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