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Any landlords here?

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posted on Aug, 24 2014 @ 12:27 AM
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originally posted by: fossilera
a reply to: mwood

I know, and I'm not trying to be harsh about it - Just make sure you have clearly let them know which route you will be taking, and don't surprise them; make sure they are clearly aware of why you are doing it, and what steps they will have to take. Doing so now will create less of a mess later.

-foss


Seems to me like it's already a mess and that if you behave like they are in a tennant capacity you should already expect recourse action the likes of which the landlord is probably considering.




posted on Aug, 24 2014 @ 10:48 AM
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you don`t even like to go home and they are causing you health issues, so are you sure that you want to offer them a lease agreement? what if they sign it? then you are stuck with them.

Just tell them that they have to leave because you have decided to sell the lot and the house they are living in.if they offer to buy it quote them a price higher than they could possibly afford to pay.
when they eventually find out that you didn`t sell the place and rented it to someone else instead, you can tell them you gave up trying to sell it because you couldn`t get the price you wanted for it.

maybe there are different eviction laws for when an occupied property is being sold.
edit on 24-8-2014 by Tardacus because: (no reason given)



posted on Aug, 24 2014 @ 06:05 PM
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I am torn between wanting them gone period to lessen mine and the wife's stress levels but am afraid of creating permanent issues between the wife and her mother.

They really put me in a bad spot.........or I put me in a bad spot. I guess it was me.



posted on Aug, 24 2014 @ 06:50 PM
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Well, The SHTF.

I went down to talk to them and was nice and friendly and they told me they weren't signing sh_t and I could go F-myself and to F-off. (a few times)

They said "evict us then, we have a lawyer on retainer" (most likely don't)

I said I didn't want to go that far and that I just wanted some understanding of the boundries and rights they had and didn't have. Another round of F-yourself & F-off.

So now I have to start the eviction process, whatever that entails....I am in all new territory.

Do I need a lawyer? (can't really afford one)

Can I download the forms and fill them out and submit them at the courthouse?

I can't type good now I am shaking so bad, I am pissed.

Oh, the whole conversation was recorded.



posted on Aug, 24 2014 @ 07:19 PM
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originally posted by: mwood
I am torn between wanting them gone period to lessen mine and the wife's stress levels but am afraid of creating permanent issues between the wife and her mother.

They really put me in a bad spot.........or I put me in a bad spot. I guess it was me.


Good news that your wife is behind you......kick them out.
Sounds like your inlaws are taking advantage of you.
1]Next time, don't rent to family or friends.....lots of BS and hard feelings.....so don't do it.
2]Get EVERYTHING in writing. Pics of the place before you rent, sighned lease agreements, etc. It protects you.
Family will f you over. had it happen to me and friends of mine who own properties. Dont lease to friends or family!!

If it was all on a verbal agreement then they may try to stew you legally with the VET route. Tooo bad you had nothing in writing....stupid people get what they deserve in this manner. Sorry to say if its not in writing...then well, what did you expect? Not gonna be binding in court if not on paper.
Good luck getting them out.... I was a stupid person who learned the hard way. I let the property go back to the bank and the leeches got kicked out by them. This was after a long drawn out with ' family friends' who stewed me over. Kinda comical when the bank put the locks on the door.
edit on 24-8-2014 by palmalBlue2 because: (no reason given)


BTW.....I don't know what state you are in because each state is different with tennant laws.
Good luck though cause I didn't mean to sound hateful, but I have been there and leeches come in ALL forms including 'trusted' family and friends.
edit on 24-8-2014 by palmalBlue2 because: (no reason given)



posted on Aug, 24 2014 @ 07:43 PM
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a reply to: mwood

I know you can't afford a lawyer, but in this case you may have no choice , if you want to cover yourself and do it properly.

I believe the first thing you should do is call one, to advise whether or not to call the police and tell them that your tenants are trespassing. My understanding is that verbal lease agreements in AZ are only valid if they are for under 12 months.

I don't know what the process is to apply for a restraining order in your state, or even what they can be used for, so this is why it's best to have a lawyer - they are like eagles in finding the right legal path to take.

I really think it's time to call a lawyer.



posted on Aug, 24 2014 @ 07:45 PM
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originally posted by: mwood
Well, The SHTF.

I went down to talk to them and was nice and friendly and they told me they weren't signing sh_t and I could go F-myself and to F-off. (a few times)

They said "evict us then, we have a lawyer on retainer" (most likely don't)

I said I didn't want to go that far and that I just wanted some understanding of the boundries and rights they had and didn't have. Another round of F-yourself & F-off.

So now I have to start the eviction process, whatever that entails....I am in all new territory.

Do I need a lawyer? (can't really afford one)

Can I download the forms and fill them out and submit them at the courthouse?

I can't type good now I am shaking so bad, I am pissed.

Oh, the whole conversation was recorded.



Well now you are in my court [no pun]

Google is your best friend in this instance. Yes, as a landlord, you CAN file your own paperwork [at least in Kansas I cxan say for sure, but last I checked, anyone can represent themselves in courrt]

Start looking up your laws. I always started with llocal first and then moved up.

There should be a tenant/landlord lawbook in your local library.



posted on Aug, 24 2014 @ 07:48 PM
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originally posted by: BasementWarriorKryptonite
a reply to: mwood

I know you can't afford a lawyer, but in this case you may have no choice , if you want to cover yourself and do it properly.

I believe the first thing you should do is call one, to advise whether or not to call the police and tell them that your tenants are trespassing. My understanding is that verbal lease agreements in AZ are only valid if they are for under 12 months.

I don't know what the process is to apply for a restraining order in your state, or even what they can be used for, so this is why it's best to have a lawyer - they are like eagles in finding the right legal path to take.

I really think it's time to call a lawyer.





tenant landlord is a civil issue for most states , so the info is available online and at a library. As far as I recall, he can file himself. The forms for intial filing are online through the courts. Its there.
If you can do it yourself.....yeah, an attorney can help, however...$$$ when stuff is avaiable online and with some digging.

*****



posted on Aug, 24 2014 @ 08:00 PM
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a reply to: palmalBlue2

It could get a lot more expensive if it's done wrong. Without a lawyer for guidance something could be missed.



posted on Aug, 24 2014 @ 08:09 PM
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originally posted by: BasementWarriorKryptonite
a reply to: palmalBlue2

It could get a lot more expensive if it's done wrong. Without a lawyer for guidance something could be missed.


That is VERY TRUE....most places will give you a free consult and even legal aide might depending on where you live. Seriously if you would look it up on your own, make sure of what you are doing. Court clerks can be a help in letting you know if you have the right forms,etc at least in small town kansas they did. Do'nt know about else where.



posted on Aug, 24 2014 @ 08:14 PM
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originally posted by: palmalBlue2

originally posted by: BasementWarriorKryptonite
a reply to: palmalBlue2

It could get a lot more expensive if it's done wrong. Without a lawyer for guidance something could be missed.


That is VERY TRUE....most places will give you a free consult and even legal aide might depending on where you live. Seriously if you would look it up on your own, make sure of what you are doing. Court clerks can be a help in letting you know if you have the right forms,etc at least in small town kansas they did. Do'nt know about else where.


ETA....Your inlaws are claiming VET status and you have nothing in writing.....i would say go for the lawyer route.



posted on Aug, 24 2014 @ 09:41 PM
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Thank you for the advice, My head is swimming right now.

I contacted a lawyer here who does ONLY eviction cases. He should contact me tomorrow.

When I say I can't afford a lawyer I don't mean I don't want to pay one.....I mean I have no money.

Went through some rough times last year and am unemployed and really just scraping by.

I will see what the one says when he contacts me for the free consult....



posted on Aug, 24 2014 @ 10:02 PM
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you don`t need a lawyer,
it`s been a long time (20 years) since i evicted someone but if i remember correctly, in my state, i had to go to the courthouse and get a court date to appear in front of a judge the tenants can come and tell their side.if the judge decides they must leave he will issue an eviction order giving them 30 days to vacate. after 30 days if they haven`t left you have to go back to court and get another court date in front of the same judge.The judge will issue an order to the sheriffs office to forcibly remove them from the property.The sheriff doesn`t go there the same day they will schedule a date to go there and remove them.usually a couple of weeks.

The whole process could take up to 3 or 4 months depending on how busy the court is.getting the court dates is the longest part of the process.I think i had to wait 4-6 weeks from the time i filed the papers until i actually got into court before a judge.they didn`t leave after the 30 days so i had to go back and get another court date, wait 4-6 more weeks to get before the judge again.

The entire time that you going through the process the tenants won`t pay their rent because they are already going to be evicted so they know there`s nothing more you can do to them if they don`t pay.



posted on Aug, 24 2014 @ 10:38 PM
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a reply to: Tardacus

Does that same process apply if there is no rental agreement I wonder?

As I understand the law (in Arizona) if there is no agreement then they are "at will" tenants and the arrangement can be ended at any time by either party. I need to deliver to them a "notice to quit" and they have 10 days to vacate.

I am certainly no lawyer but that's how I understand it.



posted on Aug, 25 2014 @ 10:52 AM
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a reply to: mwood

Two years ago, I had to evict house guests who refused to leave. Because they had mail being delivered to my house, they were considered residents. Of course, there was no rental agreement.
I was advised to go to the courthouse to get eviction papers, which I filled out. For my state, it was a 30 day eviction
notice. I believe it took about a month for the judge to sign the papers which I then presented to my unwanted
houseguests. That gave them 30 days to leave or contest. Thankfully, they left on the 30th day. It took about 2 months
for the entire process. If they would have contested, I would of had to take them to court.

It did cost me some money to file the paperwork, but I can't remember how much. I also went to the sheriff's office to
inform them of what was going on.

You may have less than 30 day eviction depending on your state.
Good luck to you.

ps.. they are clearly taking advantage of you and sound like they will push it as far as they can. Evicting them
will improve your health and sanity.
edit on 25-8-2014 by virraszto because: (no reason given)



posted on Aug, 25 2014 @ 05:47 PM
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Talked to the lawyer today that specializes in evictions in Arizona. He emailed me a form to print out and said I only had to fill it out and give it to them. I put one copy on the front door and mailed one certified mail requiring a signature so they will either accept it or refuse it which is still considered "served" in Arizona.

It is a "Notice of termination of month to month tenancy". They have 30 days to remove themselves from the premises or I can get the Sheriff to forcibly remove them and I can change the locks. 30 days from the next rent cycle, which is paid on the 15th (10 days ago :mad
so it starts on Sept 15 and they have 30 days after that to be gone. (Oct. 15)

So I have to wait 7 weeks basically.



posted on Aug, 25 2014 @ 08:47 PM
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a reply to: mwood

I am not a landlord but have been following your thread, it is so very interesting. Sorry I am so intrigued by it all.

I imagine you will hear quite soon from your relatives, it doesn't sound like they are not the kind to keep quiet.

You and your situation are in my thoughts.



posted on Aug, 25 2014 @ 09:14 PM
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My tenants had a yearly lease so I had to do the whole court thing,apparently they decided that buying new expensive dining room furniture was a higher priority then paying their rent.i`ll never be a landlord again it`s too much work and stress.I would rather just let a house sit empty rather than deal with renters again.
maybe if you time it right you can have the sheriff evict them on christmas eve?

Good luck to you.
edit on 25-8-2014 by Tardacus because: (no reason given)



posted on Sep, 1 2014 @ 09:17 PM
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What's the word on your situation, now?



posted on Sep, 5 2014 @ 02:45 PM
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originally posted by: BasementWarriorKryptonite
What's the word on your situation, now?


They had an Oct. 15th deadline to be gone from the property after serving them the papers. My daughter went down to visit them 2 days ago and said they were packing everything so it appears they are leaving.


I will update further for anyone who is following this thread.




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