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  1. #11
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    Default Re: Evicting Parents Out of House

    I'd seriously talk to a lawyer about it. Since there are drugs involved, I'd wanna cover my ass for starters....and see if the drugs may be a basis for eviction....

  2. #12
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    Default Re: Evicting Parents Out of House

    Quote Quoting PandorasBox
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    I'd seriously talk to a lawyer about it. Since there are drugs involved, I'd wanna cover my ass for starters....and see if the drugs may be a basis for eviction....

    heck, just hearing they are living in the garage made me shudder. I didn't bother delving into whether it is legally allowed to use his garage for a residence or whether he has to be zoned for multi-family use or anything else that could cause him problems. He only wanted to hear what he wanted to hear so I figured it would not be a discussion I wanted to get into.


    as to using the drugs as a basis for eviction;

    while OP wants them to move, he also shows he doesn't really want to harm his parents. I suspect attempting to involve the drugs would only cause grief to all parties involved. If he simply terminates the tenancy since there is no requirement for it be "for cause", he can avoid any of that and just stick with; I just do not want them in may garage any longer.

  3. #13
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    Default Re: Evicting Parents Out of House

    Quote Quoting jk
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    the only basis for a 3 day notice is an issue such as a failure to pay rent

    the link I gave you rules since they are the actual laws in play here. Is what is in those laws that are used to produce the info in the link gail gave you.



    In fact, it would appear the link gail gave you is not relevant to your situation. This is an excerpt:



    since there is no rent due, you cannot evict based upon a failure to pay rent.

    Either do it right or the suit will be dismissed. Then you get to start all over using the correct procedure.

    You are terminating the tenancy. You are not removing them for cause. There is a world of difference in those two situations. Since you are terminating the tenancy, you must give them proper notice. Then, if they do not leave after the expiration of that notice, you can file for an eviction.

    With what you are doing, your parents can walk into court and say;

    he gave us a 3 day notice to pay or quit. We do not have any rent due so we ask the suit be dismissed. Additionally we are seeking punitive damages in an amount the court deems proper for a frivolous suit and an unlawful eviction. The landlord is obviously aware he has not required us to pay any rent. Seeking to evict us on this premise amounts to nothing less than an extreme perversion of the laws that require the landlord to provide actual and proper notice to terminate the tenancy.

    Ok, well I don't know if it matters, but we did have a verbal agreement to pay rent, but they just never followed it and I caved in. So I don't know if I can actually claim that they are not paying rent.

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    Quote Quoting PandorasBox
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    I'd seriously talk to a lawyer about it. Since there are drugs involved, I'd wanna cover my ass for starters....and see if the drugs may be a basis for eviction....
    Yea man, I thought about that too. I actually asked the cops why it is ok for them to sit in there and smoke crack all night and there is nothing I can do. The cops said that since they can't actually see them doing it, there is nothing they can do.

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    Quote Quoting jk
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    heck, just hearing they are living in the garage made me shudder. I didn't bother delving into whether it is legally allowed to use his garage for a residence or whether he has to be zoned for multi-family use or anything else that could cause him problems. He only wanted to hear what he wanted to hear so I figured it would not be a discussion I wanted to get into.


    as to using the drugs as a basis for eviction;

    while OP wants them to move, he also shows he doesn't really want to harm his parents. I suspect attempting to involve the drugs would only cause grief to all parties involved. If he simply terminates the tenancy since there is no requirement for it be "for cause", he can avoid any of that and just stick with; I just do not want them in may garage any longer.
    Yes, I thought about that too. Technically I don't think they really should be living in my garage. I mean the garage they are living in isn't really a "room". It is for living in, but they have been doing it. So I don't know how that effects the eviction.

    As far as hurting them, I was trying to be nice about it, but at this point I will basically do anything to get them out.

  4. #14
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    Default Re: Evicting Parents Out of House

    =light99;715075]Ok, well I don't know if it matters, but we did have a verbal agreement to pay rent, but they just never followed it and I caved in. So I don't know if I can actually claim that they are not paying rent.
    then you lied here.

    They never paid me rent and we do not have a renters agreement. I just let them stay here because they had nowhere to go.
    take care. I'm done on this one.

  5. #15
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    Default Re: Evicting Parents Out of House

    Your lying.

    If the cops can bust people for just the smell of marijuana....I'm sure they can find evidence of the crack.

    I'd lawyer up, seriously. Because if your parents get busted for crack on YOUR property...guess what...you might lose your property...and be arrested yourself.....

  6. #16
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    Default Re: Evicting Parents Out of House

    Quote Quoting jk
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    then you lied here.


    take care. I'm done on this one.
    Actually I never lied. I said they never paid me rent which is true and I said we didn't have a "renters" agreement which I guess I misspoke because I meant a "lease" agreement. We never had anything on paper, but they did say they would pay me rent, but when they kept coming up with excuses as to why they didn't have the rent money, I just let it slide because I am a pushover I guess.

    But I definitely NEVER lied.

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    Quote Quoting PandorasBox
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    Your lying.

    If the cops can bust people for just the smell of marijuana....I'm sure they can find evidence of the crack.

    I'd lawyer up, seriously. Because if your parents get busted for crack on YOUR property...guess what...you might lose your property...and be arrested yourself.....
    What is this?

    Why would I lie????

    I'm telling you EXACTLY what the cops said. She said they can't do anything without catching them doing it. I told them that they are out there smoking crack and she said unless she actually sees it happening, that they can't do anything.

    Seriously though, why would I lie? Makes no sense.

    - - - Updated - - -

    I mean I'm on here trying to get some advice to help myself get out of a horrible situation and I'm gonna LIE about what is going on? How can that possibly help me?

    So I am gonna lie and then you guys are gonna give me advice based on lies and then I'm gonna go to the courthouse tomorrow and follow advice based on lies that I told you?

    Makes sense huh??????

  7. #17
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    Default Re: Evicting Parents Out of House

    light99;715149]Actually I never lied. I said they never paid me rent which is true and I said we didn't have a "renters" agreement which I guess I misspoke because I meant a "lease" agreement. We never had anything on paper, but they did say they would pay me rent, but when they kept coming up with excuses as to why they didn't have the rent money, I just let it slide because I am a pushover I guess.

    But I definitely NEVER lied.

    You posted this:


    They never paid me rent and we do not have a renters agreement. I just let them stay here because they had nowhere to go.
    no renters agreement, no obligation to pay rent. You just let them stay there (obviously implying you did not intend to charge them rent)

    so, to determine if you lied:


    did you post both statements? They obviously cannot both be true so one is a.......

    I'll let you finish that sentence.



    and I told you what to do since you have no basis to use a 3 day notice.

    but if you want to play with that a bit: a 3 day notice is due to a curable issue. Did you inform them of what it would require to cure the deficiency? Of course not since you aren't actually charging them rent so you could not come up with a total amount owed to cure the deficiency.

    I even gave you the controlling statute:
    83.20 Causes for removal of tenants.óAny tenant or lessee at will or sufferance, or for part of the year, or for one or more years, of any houses, lands or tenements, and the assigns, under tenants or legal representatives of such tenant or lessee, may be removed from the premises in the manner hereinafter provided in the following cases

    1) Where such person holds over and continues in the possession of the demised premises, or any part thereof, after the expiration of the personís time, without the permission of the personís landlord.

    (2) Where such person holds over without permission as aforesaid, after any default in the payment of rent pursuant to the agreement under which the premises are held, and 3 daysí notice in writing requiring the payment of the rent or the possession of the premises has been served by the person entitled to the rent on the person owing the same. The service of the notice shall be by delivery of a true copy thereof, or, if the tenant is absent from the rented premises, by leaving a copy thereof at such place.

    (3) Where such person holds over without permission after failing to cure a material breach of the lease or oral agreement, other than nonpayment of rent, and when 15 daysí written notice requiring the cure of such breach or the possession of the premises has been served on the tenant. This subsection applies only when the lease is silent on the matter or when the tenancy is an oral one at will. The notice may give a longer time period for cure of the breach or surrender of the premises. In the absence of a lease provision prescribing the method for serving notices, service must be by mail, hand delivery, or, if the tenant is absent from the rental premises or the address designated by the lease, by posting.
    History.ós. 1, ch. 3248, 1881; RS 1751; GS 2227; RGS 3535; CGL 5399; s. 34, ch. 67-254; s. 20, ch. 77-104; s. 2, ch. 88-379; s. 1, ch. 93-70; s. 437, ch. 95-147.
    so, unless you can issue a valid pay or cure 3 day notice, you are about to attempt to perform an unlawful eviction. The fact you are aware it is an unlawful eviction is even more egregious.

  8. #18
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    Default Re: Evicting Parents Out of House

    Quote Quoting jk
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    You posted this:




    no renters agreement, no obligation to pay rent. You just let them stay there (obviously implying you did not intend to charge them rent)

    so, to determine if you lied:


    did you post both statements? They obviously cannot both be true so one is a.......

    I'll let you finish that sentence.

    Ok, I see the confusion. The way I typed it up didn't come out right and I see what you are getting at. Here is what EXACTLY happened.

    So they move down here and they say they need someplace to stay for a while. I agree to let them stay for a few weeks or months if need be with the understanding that they need to get their stuff together and figure out where to live permanently. So a few months go by and nothing changes. My dad is working a little bit here and there any only making maybe when he can find odd jobs. Let's say he was making like $100-$150 a week. They basically tell me that they can't afford a place of their own right now and can they stay longer. I agree to let them stay longer but I tell them you can't stay here forever and that in the mean time I need $150 a month for rent. They agree to that. So time comes for the first months rent and they tell me that they don't have it. He couldn't work that week much or whatever. They got a flat tire or a speeding ticket or some other excuse. So I let it slide and tell them to pay me as soon as they can. Well eventually that works into me just feeling sorry for them and since they are my parents I just let it go like an idiot. Of course the reason they can't pay me rent is because they spend it all on drugs.

    So, there you have it. We never had anything on paper because honestly I never thought about it. I never really thought something like this could happen. But we did have a verbal agreement to pay rent, but they just never paid it because they knew they could walk all over me.

    So when I said, "I just let them stay there", it's because at that point I knew they weren't going to pay me rent and I just didn't know what to do. Do you kick your parents out on the street?

    So I definitely never lied, I might have not explained things clearly, but lying would get me nowhere.

    Thanks for your help.

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    Quote Quoting jk
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    so, unless you can issue a valid pay or cure 3 day notice, you are about to attempt to perform an unlawful eviction. The fact you are aware it is an unlawful eviction is even more egregious.
    How do I know it is an unlawful eviction?????? I just came on here looking for advice. I went to the courthouse for my county and I am following the instructions that it gives. If at a later time after issuing the 3 day notice I find out that it is actually a 7 day notice, that isn't something that I knowingly and egregiously did.

    Also, this issue is not curable. They are doing drugs and they are not gonna stop. There is no cure. I just want them out.

    Not sure why you are giving me such a hard time on this man.

  9. #19
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    Default Re: Evicting Parents Out of House

    so, when the cops came, of course you told them that they did not pay the rent for...


    how long has it been since they paid you anything?



    of course, you do realize that a 3 day notice is a pay or quit notice. That means you have to tell them, very accurately, how much they owe you so, how much, exactly, do they owe you? Not about or around. You have to inform your tenant of the specific requirements to satisfy the demand.


    You arguing they owe you rent isn't going to go over well in court since it is obvious you never ever collected any rent from them. Do you really think a judge is going to believe that they were obligated to pay rent when you have never collected rent from them, in 4 years?

    It's your battle and if you want to waste your time filing a 3 day pay or quit notice and then file an unlawful detainer suit and then lose in court and then have to start over and provide a proper notice and then if they do not move file an unlawful detainer suit, have at it. I was simply trying to save you those couple-three weeks you will waste doing it the way you are going.

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    [

    Also, this issue is not curable. They are doing drugs and they are not gonna stop. There is no cure. I just want them out.
    Um, a 3 day notice is for a delinquent rent issue

  10. #20
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    Default Re: Evicting Parents Out of House

    Quote Quoting jk
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    so, when the cops came, of course you told them that they did not pay the rent for...


    how long has it been since they paid you anything?



    of course, you do realize that a 3 day notice is a pay or quit notice. That means you have to tell them, very accurately, how much they owe you so, how much, exactly, do they owe you? Not about or around. You have to inform your tenant of the specific requirements to satisfy the demand.


    You arguing they owe you rent isn't going to go over well in court since it is obvious you never ever collected any rent from them. Do you really think a judge is going to believe that they were obligated to pay rent when you have never collected rent from them, in 4 years?

    It's your battle and if you want to waste your time filing a 3 day pay or quit notice and then file an unlawful detainer suit and then lose in court and then have to start over and provide a proper notice and then if they do not move file an unlawful detainer suit, have at it. I was simply trying to save you those couple-three weeks you will waste doing it the way you are going.
    When the cops came, they never asked about the rent and I never told them because that isn't my main issue. They asked me what was wrong and I said I want them out because they are doing drugs in there and they just spent $3,000 on drugs in the past 3 weeks and I'm sick of it.


    I realize NOW that a 3 day notice is a pay or quit notice. I didn't know that when I first issued it a few days ago.

    I don't want them to pay me back rent, that is obvious by me letting them live here for 4 years. I just want them out because of the drugs.


    As far as it being my battle and wasting my time, listen man, I appreciate your input. At no point was I trying to do something wrong or mess things up so I have to do this again.

    All I did was go to this website and I followed the directions. Now you are telling me that I am doing stuff wrong when I had no intention of doing anything but following the steps laid out on the courthouse website.

    http://www.mypalmbeachclerk.com/evictions.aspx

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    Quote Quoting jk
    View Post
    Um, a 3 day notice is for a delinquent rent issue
    Like I said, I was just following the instructions from the website. It just says if you want to evict someone to follow these steps. It doesn't mention if it is for rent that you need to do it 1 way and if it is for some other issue you need to do it another way.

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