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  1. #1
    Join Date
    Jan 2008
    Location
    Virginia
    Posts
    7

    Default Kind Hearted, Being Taken Advantage Of Kindness

    In Virginia, a friend/aquaintance of my boyfriend's was kicked out of his residence for violation of rules, so he had nowhere to go. Initially, it was supposed to be for 72 hours, then he could apply to go back to his previous residence. When he reapplied, they refused to let him return. I told him "you can stay here until you can get on your feet, we won't throw you out in the street". Well, it has been four months now. Three of which he did nothing at all to help himself. Mar 1, I told him that we all had to be out before Apr 1, I am going to rent the house out. I have a new tenant, just waiting for the house to be empty. I own the house.

    Here's the real problem. I want him out NOW! He has disrespected me more times than I can count. Can I just throw him out?

    1) He has never paid rent. The first two weeks or so, he helped out with groceries and the like. I feel we have generously paid him back!

    2) First problem: I was out one day for doctor appt's or something and when I returned, I opened my front door and the first thing I saw was hard core pornography being played on the TV in the living room (he has TV, VCR, and DVD with cable, that I supply.

    3) He has entered our bedroom in the middle of the night to turn down our TV, because it was too loud...

    4) I originally told him that the only thing he'd have to help out with was groceries...he hasn't contributed anything and he eats more that the three of us combined. Like it's his last meal or something.

    5) We can't prove it, but we have very strong suspicions that he has stolen narcotics, muscle relaxers, and Zanex from us.

    6) He runs around the house at night in open fly boxers.

    7) The last thing I can think of right now, is he "threatened" my boyfriend! There's no way that was a physical threat, my b/f could crush him, but we are afraid he will try to cause legal problems for us or cause damage to our tires, cars, or the house itself.

    With the threat, can I just kick him out for the disruptive behavior? He has been warned! I can't stomach being kind-hearted for another minute!

  2. #2
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Kind Hearted, Being Taken Advantage Of Kindness

    I think I would take the position that he is a houseguest and not a tenant. Tell him to leave. If he doesn't, call the police, explain the situation truthfully, and complain that he is trespassing.

  3. #3
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Kind Hearted, Being Taken Advantage Of Kindness

    He was kicked out of his place bc of rule violations and you expected it to be different at your house why???
    Just tell him to get his stuff together and leave as he is trespassing. He's got no claims and if he doesn't call the police. Be sure to tell the police that he is now threatening your bf and you fear for safety.

  4. #4
    Join Date
    Jan 2008
    Location
    Virginia
    Posts
    7

    Default Re: Kind Hearted, Being Taken Advantage Of Kindness

    Thanks a lot. I was so worried that I had ended up with a permanent freeloader! I'll give him 72 hours...to be completely out!

  5. #5
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Kind Hearted, Being Taken Advantage Of Kindness

    You actually have to evict him according to the landlord/tenant laws of your state.

  6. #6
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Kind Hearted, Being Taken Advantage Of Kindness

    I would agree if the police will not remove him as a trespasser that eviction may be the remaining legal remedy. His only argument is that he has been there for a long enough time(over 30 days) that could possibly make him a tenant at will.

    But her argument that he was a guest and now a trespasser is strong: He's never paid rent nor can he prove he has, he's threatened them, etc. A restraining order may also be a possibility based upon the threats.

    Sharing in food expenses isn't paying rent. Allowing someone temporary shelter while they are homeless does not constitute a verbal lease. There was no exchange of consideration - only the one sided sympathy and altruism of the OP.

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Kind Hearted, Being Taken Advantage Of Kindness

    Quote Quoting 4eyedbuzzard
    View Post
    I think I would take the position that he is a houseguest and not a tenant. Tell him to leave. If he doesn't, call the police, explain the situation truthfully, and complain that he is trespassing.

    I may be inclined to agree with you after checking??

    "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others and shall include roomer. Tenant shall not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.



    http://leg1.state.va.us/cgi-bin/legp...0+cod+55-248.4


    Landlord-tenant laws:

    http://leg1.state.va.us/cgi-bin/legp...13000020000000

    retgijane, YOU have to sift through the laws and determine IF he has established residency, paid or not, and then decide how you want to handle it?

    HOWEVER, if 4 months have gone by, it would appear he may qualify to have established residency absent any L-T law, since you are not actually a landlord per se and he was initially invited as a guest. I do not know if the law distinguishes between a guest of a 2 week vacation, such as relatives visiting, and a 4 month resident or not??

    The law may consider it just as 4 years have gone by then all of a sudden saying "get out" without any formal eviction process????

    Make a quick appointment with an attorney who specializes in such law, if economically feasible??

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