Major Crisis
By Rozie37
@Rozie37 (15499)
Turkmenistan
February 17, 2008 12:20am CST
I had a major crisis with my sister earlier. The one who is moving to Atlanta. Now mind you, I had not spoken to her since Christmas. So I was a little ticked off when she called me with her problem and needed my help. Especially, since I had no clue what to tell her to do. She wanted me to go on Mylot and see what they had to say about it.
So here's what the problem was. They are planning to sell the duplex house that they live in. It is in a very nice neighborhood and for some reason, people just love the property. Anyway, the tenant upstairs is a 62 year old complete witch. I say this because when I lived there we did not get along at all. Anyway, everything that went wrong between this lady and me, my sister and brother-in-law blamed me for. One of the main reasons I moved out.
At first the person who is buying the house was okay with this tenant staying after she bought the property. But when she found out the type of person that she was, she said the only way that she would buy the property is if the tenant moved out. The tenant is refusing to leave and told my sister that if she hast to leave, my sister hast to pay her a seventeen thousand dollar relocation fee. And hast to pay a fee for the granddaughter and the dog too.
They are suppose to leave on the 25th of this month. They are all packed and ready to go, but they can not get this lady out. When I got off the phone, I was so mad that I wanted to go over and beat the stuffing out of this old hag. I had never heard my sister so upset before. I had to keep telling her to calm down. She has high blood pressure. Since I was too upset to come on Mylot, I called my ex-boyfriend for advice.
He told me that because the lady has no lease and has been renting from month to month, she has no hold on the property. They have already served her a notice. He says that they have to go down to the Sheriffs's station and pay a fee for them to come and serve her papers to be out within a week. If she is not out, the Sheriff will come and lock her out. Whatever property is left, they can either sell it or put it out for the trash. She was so relieved and happy when I told her. I just hope that it is accurate information. What do you think?
16 people like this
24 responses
@faith210 (11224)
• Philippines
17 Feb 08
Hi Rozie37! I think that the old lady has no hold on to the property if she is just paying on a month to month basis and that there is no lease or any contract of any sort pertaining to her rental on the property. However, she is entitled to have some period of time for her relocation but I don't think that she is entitled to be paid for any amount of money for her relocation. I am no expert on tenancy laws but that is just my thoughts. I hope everything will turn out good and beneficial for both parties. And I do hope the old lady will respect the Sheriff's decision. Take care and have a nice day! :)
3 people like this
@applsofgld (2506)
• United States
17 Feb 08
I think your boyfriend is absolutely correct. If there is no lease, where does this woman get off thinking your sister owes her anything. That's ridiculous!! Wonder if your sis could maybe contact an attorney & maybe go to a judge & get an order to make her leave and let the law know that she is trying to scam your sister for all this money. That's absurd!! My son & daughter in law had just signed a lease & moved into a really lovely townhouse and they rec'd a notice from the owners after only 2 months that the place had been sold and they had like 30 days to vacate the townhouse. So she can make the lady leave. She has every right to sell her building, and if the new buyers don't want this wicked lady as a tenant she should have to leave and fund it herself, anyone else would have to do the same thing. I know I would. Also, if you can sign a letter and have it notarized from you or anyone else that can vouch for the woman's mean nature and disposition, I would think that would be helpful in legally getting her out of there, if she werent' such a hateful person, she wouldn't have to leave. But I don't think your sister should have to pay for any of it! Please keep us posted as to the progress of this. My heart goes out to all of you.
2 people like this
@Rozie37 (15499)
• Turkmenistan
17 Feb 08
Nobody wants to buy a place where a tenant is going to cause problems. I will go to court and testify if I have to. If my sister was wrong, I would tell her. I am going to take the side of the person who is right. This lady has money and she is also a teacher.
They have already given her notice and she hast to go. I would never want to do business with a trouble maker. I do not care how much money she has. I will definitely let you guys know how things turn out. Thank you for your support.
1 person likes this
@Ohara_1983 (4117)
• Kuwait
18 Feb 08
wow, what kind of person that, for what reason she will ask for payment, did your sister sign a contract between that woman if how many years she will stay, if your sister let her sign for that so she will get a problem but if not they can go to the nearest poloce station to ask for a good advice,nobody can force your sister to pay if they have all the rights.
@patgalca (18366)
• Orangeville, Ontario
18 Feb 08
I'm sure laws vary from city to city, or state to state, or country to country. From what I understand, your boyfriend is correct. She certainly is not to be paid for relocation fees and contacting the police is the thing to do.
Having said that, I believe where I live, unless the new owner is planning to use the space for themselves or a family member, they cannot evict the present tenant. However, you did indicate that there is no lease so that might be a different story and, again, this is where I live and laws vary from place to place. Contact the police or the tenant association (or equivalent). There is surely someone who can advise without charging. A simple phone call to the proper association can give you the answer you need.
2 people like this
@maddysmommy (16230)
• United States
17 Feb 08
Hi Rozie, I am not sure what the laws are in your state regarding tenancy and stuff. I would go along with what everyone has said so far. I hope your sister is able to resolve this before they move to Atlanta. It would be another headache/burden if they were not able to sell the house before they moved.
@maddysmommy (16230)
• United States
18 Feb 08
Uh oh the buyer is not going to like that. To have to pay for the tenant to relocate is going to be a huge headache and I hope one that doesn't cost the buyer to cancel on the purchase.
1 person likes this
@Rozie37 (15499)
• Turkmenistan
19 Feb 08
My sister is saying that they are kind of hoping she will cancel now. Because she wants the tenant out, it is keeping them from leaving. The next lady in line offered $63.000 less, but she wants to use it for rental property, so she does not care who the tenants are. She will not be living there.
1 person likes this
@miamilady (4910)
• United States
17 Feb 08
Yes, that sounds about right.
I think instead of putting her stuff in the trash when they lock her out, they might just put it out front at first.
but yeah, your sister had the right to evict her.
she doesn't need to pay her for relocating.
1 person likes this
@miamilady (4910)
• United States
19 Feb 08
By law or was that just a decision to make things easier?
@teapotmommommerced (10359)
• United States
18 Feb 08
Rozie as far as I know your ex-boyfriend is correct they need to go to the sheriffs office and get them to serve a notice of evication. Then they can get the lady out. Since the lady has not written lease then they can make her leave when ever. I do not know if they can make her leave in a week or not.
Good luck to all. Rozie I know you will miss your sister but you also do not want her to say and be upset because of this old biddy.
1 person likes this
@pergammano (7682)
• Canada
24 Feb 08
I think there are some serious legal ramifications here, and you should or sister apprise themselves of your local tenancy laws.
I know where I live, if you sell your property, the tenant, legally has 3 months to relocate.
You must find out your laws, and abide, irregardless so there is NO backlash!
1 person likes this
@Flight84 (3048)
• United States
17 Feb 08
I have no idea what to tell you for sure, but that information seems pretty accurate. If she has no hold on the place, then I don't see why the police can't be involved. She sounds like a real biddy! Good luck to your sister and her family!
@CatsandDogs (13963)
• United States
17 Feb 08
I have to say that I agree with the other responses, that this lady has no hold on the place and your sister doesn't owe her a dime however, every state has it's own laws so it's best to seek a lawyer for advice or your sister could go to the police station and talk to one of them and get advice on what to do. Another thing is to keep a journal of everything that was done and said for it could be very benefical if court is the route they have to take to rid of this lady. Wish you guys the best of luck!
1 person likes this
@newzealtralian (3930)
• Australia
23 Feb 08
Here in Australia, even without a formal lease agreement, a person has to be given notice. If they don't take that hint, then it still has to go through the courts. Not that the tenancy advice and protection services have ever said anything to me other than get out now, and that was with a formal lease.
1 person likes this
@chrislotz (8137)
• Canada
4 Mar 08
There is nothing more to say. The old woman has to move out and it isn't your sister's problem. Let the police handle it. Your sister doesn't have to be involved with it anymore once the police are involved. She shouldn't let it upset her because there is nothing for her to do about it. The police will come and have her removed. Your sister doesn't have to pay for this lady to move, let her take her to court if need be, because your sister will win. This lady doesn't have anything to stand on, in court. I don't understand why your sister is letting this upset her, since she in not in the wrong here. Just let the police handle it from here on in. I think that is the advice you should give to your sister.
1 person likes this
@cortney09 (1345)
• United States
19 Feb 08
I don't know how the law is in your state, but it sounds like your ex boyfriend got it right. If the lady signed no lease, then she has no right to the property. The only thing that I would suggest is that you look into notice. Sometimes even if there is no lease you can be required to give someone a thirty day notice to vacate the premises. So, check and make sure that is not true in her area. I hope that she gets this mess worked out. Let me know what happens.
1 person likes this
@deebomb (15304)
• United States
18 Feb 08
Instead of coming here for this kind of advice why don't you get hold of the sheriffs department or call a lawyer. it dosen't cost any thing to speak to a lawyer's secretary and some times they have as much information as the lawyers do.
@Sissygrl (10912)
• Canada
18 Feb 08
I think if varies from place to place, so you would have to check with the local tenancy act.. the sherrif might not know but there should be someone you can call to ask. If they dont know who to ask, you could call your towns concil and they would be able to direct them. I hope this works out for your sister! poor girl! I HATE evil neighours, i've had my share of problems with them!
@anniepa (27955)
• United States
19 Feb 08
I have no idea what the laws are in California but that sounds right to me. I certainly didn't sound right when you said this woman wanted your sister to give her a relocation fee! What a crock that would be! If this tenant has no lease and is just living there month to month I don't see how she has any rights here other than being given whatever the required amount of time is to get out which I think does vary from state to state or even by county or municipality. Good luck to your sister and her family!
Annie
1 person likes this
@teapotmommommerced (10359)
• United States
18 Feb 08
Rozie as far as I know your ex-boyfriend is correct they need to go to the sheriff’s office and get them to serve a notice of eviction. Then they can get the lady out. Since the lady has not written lease then they can make her leave when ever. I do not know if they can make her leave in a week or not.
Good luck to all. Rozie I know you will miss your sister but you also do not want her to say and be upset because of this old biddy.
@teapotmommommerced (10359)
• United States
18 Feb 08
Sorry I did not realize it went through the first time let alone the other two times.
@bellaofchaos (11538)
• United States
19 Feb 08
If there is only a vebal agreement it is called a month to month lease that can be terminated for any reason by either party. If you sister wants to terminate the verbal contract she has to give a 30 day notice to the tenant. If the tenant is still there after 30 days she has to file with the courts for retrieval of property, once that is granted the tenant then has a certain amount of time given by the courts if she is not out in that time your sister then would call local law enforcement to remove her from the property and you can never just throw a tenants stuff away you can put it in storage and write to the tenant that if she doesn't pick it up and pay the storage fees she may lose her stuff this way your sister has given the tenant every oppurtunity to remove herself and the tenants stuff there for if the tenant would go to court she has no legal recourse .. Tell your sister to contact her local lawyer that deals with rental law..
1 person likes this
