27
votes
Accepted
Does a squatter's executor have tenant rights after the squatter's death?
There are no squatters
Neither Bob nor Sue are squatters: Bob was there with the owner's permission and Sue was there with Bob's. Adverse possession requires possession that is, well, adverse: against ...
- 198k
8
votes
Does a squatter's executor have tenant rights after the squatter's death?
The facts of Bob providing consideration (caretaking and minor repairs) and receiving lodging imply a rental relationship. This apparent relationship can be the basis of protections such as against ...
- 5,559
6
votes
What happens if someone checks into a hotel for a night and refuses to leave?
No illegal eviction took place, if he wasn't a tenant
The term of the room rental was specified beforehand. There was no renewable or extension clause in the rental agreement. Bob also is not a tenant:...
- 33.8k
6
votes
Can parents no longer search my room once I am disowned?
Disowning is not a thing legally, at least in the United States. It is a symbolic expression of a person's feelings.
In and of itself, it has no legal effect, although actions taken based upon those ...
- 196k
5
votes
Can a parent kick an adult child out of a house that the parents do not own or rent?
Note: All links in Spanish (sorry).
Regardless or your father being or not the legal owner of the home, the issue at play is that of
alimentos1.
This is an obligation between some family ...
- 5,759
4
votes
No notice Tenant eviction in North Carolina upon forclosure legal?
It would appear, from the facts as stated in the question, that the tenant here has been deprived of some of the tenant's legal rights. Tenants have a right to notice, to a hearing, to appeal the ...
- 113k
4
votes
SELF HELP EVICTION OF ADVERSE POSSESSOR
Absolutely not. You have to use the legal system, whereby the sheriff is the one who uses force if it is necessary and ordered by the court. You can file an action at your local courthouse. If you ...
- 211k
4
votes
Is it ever legally permitted for a landlord to withold/seize a tenant's posessions in exchange for owed rent arrears?
Ultimately yes, this can and does happen, but there are a few steps necessary before the bailiffs come to your door.
In times gone by, the common law recognized a right to "distrain for rent"...
- 41
4
votes
What would happen if a tenant's eviction notice got lost in the post, or the tenant claims to not have received it?
Assuming you have an assured shorthold tenancy, it's not the landlord himself that can evict you.
The process is that he serves you notice, and if you don't move by the time the notice period ends, ...
- 3,127
4
votes
Accepted
Can you sue for emotional distress in FL over an erroneous eviction notice?
Can Jane sue for emotional distress?
Anyone who pays the filing fee and delivers a complaint in the proper form to a court clerk can sue for anything.
How likely is she to succeed?
Not very likely ...
- 196k
4
votes
Does a counter claim stop an eviction for non payment of rent?
Often, evictions are bifurcated. An initial hearing determines all evidence necessary to determine if there is a default existing sufficient to justify an eviction, and if so, the eviction goes ...
- 196k
3
votes
How many days do you have to live somewhere in Texas before you have residency in a home?
Residency under Texas law is determined by various individual laws for different purposes: probate (in case you die), divorce, in-state tuition, voting, fishing licenses. Your question is in the realm ...
- 211k
3
votes
UK - Can an executor evict a mentally ill family member engaging in elder abuse?
An executor executes a will according to the wishes of the will. This involves disposition of the estate. Almost certainly the mental state of humans is not material to the disposition of the estate....
- 5,274
3
votes
Accepted
How long does it take to evict a tenant in Georgia for not paying rent?
Short Answer
Typically, about four weeks in an uncontested case and six weeks in a contested case, although this depends to some extent upon how business the relevant courts are at the time.
Long ...
- 196k
3
votes
NSW, Australia. How to kick out a guy in the house who hasn’t paid so many weeks
You said it yourself - "The only way for me to remove him is through an eviction process".
From this link - give the tenant a non-payment termination notice, signed by yourself and including the ...
- 3,470
3
votes
How do i evict a son who wont work, pays nothing and is 26 years old. I'm the homeowner
You can always politely ask a person to leave, which could solve your problem. If that doesn't work, you will have to take legal action: you cannot change the locks or force him out (without the risk ...
- 211k
3
votes
Accepted
Where is the line between an Assured Shorthold Tenancy and a more casual non-AST?
All that matters is whether the tenancy falls within the statutory definition contained in the Housing Act 1988. Assured shorthold tenancies are subsets of assured tenancies, so first we need to look ...
- 6,325
3
votes
Accepted
Does it matter legally whether possession notices, orders, and warrants served by post are sealed in envelopes?
england-and-wales northern-ireland
General rule
It doesn't make any difference. Section 7 of the Interpretation Act 1978 provides:
Where an Act authorises or requires any document to be served by ...
- 6,325
3
votes
At what stage in history did intervention of courts become required for tenant evictions?
This is only a partial answer and admittedly doesn't establish when residential and commercial leases for money rent came to be enforced by court evictions rather than by landlord self-help.
But it ...
- 196k
2
votes
Accepted
How does one evict a tenant in Arizona if they have a lease/purchase instead of a straight lease?
Under ARS 33-1308, which is part of the Arizona Residential Landlord and Tenant Act, the usual landlord/tenant requirements and protections do not apply to "Occupancy under a contract of sale of a ...
- 211k
2
votes
Accepted
What legal processes need to be followed, if any, to get squatters out of a house in Philadelphia?
First you need to verify the presence of squatters, as opposed to trespassers. The fact that the locks are changed suggests you've got people living in there on a non-temporary basis, which is the ...
- 57.2k
2
votes
Accepted
Do I have to move right away if the Unlawful Detainer Judgement is in favor of the defendant?
The short answer is no. You don't have to leave until the term of the lease ends or you are required to move based upon some new default under the lease.
I'm not sure that there would be case law ...
- 196k
2
votes
What are the laws regarding eviction of adult children from residence in the UK?
Property owners have the right, in general, to ask anyone to leave their property, and to use reasonable force if they fail to comply (note that in England and Wales there is no concept of 'criminal ...
- 4,590
2
votes
How do I properly evict a tenant in NY given these conditions?
There is a document, located on the New York State court system's website called NEW YORK CITY LANDLORDS & OWNERS.
What do I do if the tenant is not paying me rent?
If the tenant is not paying, ...
- 8,647
2
votes
How do i evict a son who wont work, pays nothing and is 26 years old. I'm the homeowner
In NSW, Australia you have the right to decide who lives in your home, including adult children.
You start by asking them to leave.
If that doesn't work you can try mediation through a Community ...
- 198k
2
votes
Affidavit as an eviction notice
A contract outside the law isn’t a contract
The rather elaborate bells and whistles you propose around the agreement doesn’t change the fact that it is fundamentally a contract.
If the tenants have ...
- 198k
2
votes
Accepted
Sweden, locked out of my flat share
First, I assume you mean that someone changed the lock and didn't give you a key. I also assume that you have the permission of the landlord or the local housing association for this subletting ...
- 211k
2
votes
UK - Can an executor evict a mentally ill family member engaging in elder abuse?
Occupancy of a co-owned property in England is governed by Sections 11-15 of TOLATA (1996). The default rule is that an equitable owner of real property is entitled to occupancy, but that can be ...
- 196k
Only top scored, non community-wiki answers of a minimum length are eligible