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#1 manman99

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Posted 28 August 2004 - 11:04 PM

How do you evict someone who is living in your basement apartment that is not rentable. The agreement was for her to store but she wanted to move in for 30 days and now it has turned into 4 months.

I need the space for my boys who are currently living in my rental unit on first floor apartment. I have taken money for storage which was agreed upon moving in $200.00. I went up an additional $100.00.

Will I have to take this person to court in order to evict them there is no lease in place.

I also contacted the light company to disconnect the lights.



Please help!

#2 Kimberly

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Posted 28 August 2004 - 11:07 PM

It will depend on your state law. In OK if there is no lease it's automatically, according to statute, on a month to month basis with 30 day notice required.

#3 puls1234

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Posted 29 August 2004 - 05:12 AM

Its easy. You simply move all of their crap to the street and tell them their out.

Pete

#4 MichaelC

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Posted 29 August 2004 - 05:44 AM

First, what state are you located?
Second, you note that there is no lease in place for her to live there. What sort of agreement is in effect for her possessions she is storing there?

#5 manman99

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Posted 29 August 2004 - 12:25 PM

I live in chi-town . The original agreement was $200.00 a month for storage in the garage. However I allowed to use my entire basement because all of her items wouldn't fit. After two days she saw that the basement was livable because of the two bedrooms and full bath.

I told her that I would be needing the space for my sons to sleep and will be rotating them down there. The agreement was for thirty days not (four months).

Recently, the police kicked in the door to the basement because her son had a be be gun and the boys in the area were shooting out windows.

We had words and I asked her to move she said on 8-26-04 she would be gone which I new it was a lie. I received $150.00 from her for August and don't expect to see any more.

If legally, on Monday I will be posting a note on the door giving her 24 hours to move if not I will change the locks and possibly have her things thrown out.

The agreement was for thirty days. No receipts given.

#6 Kimberly

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Posted 29 August 2004 - 01:25 PM

We had words and I asked her to move she said on 8-26-04 she would be gone which I new it was a lie. I received $150.00 from her for August and don't expect to see any more.

If legally, on Monday I will be posting a note on the door giving her 24 hours to move if not I will change the locks and possibly have her things thrown out.

I don't know where "chi-town" is. Is that Chicago? China Town maybe -- what city & state?

You said you received money for August, September 1 isn't until Wednesday.

No one here is giving you "legal advice." You need to find out what your state's landlord-tenant laws are. You can find them at www.findlaw.com.

You may be required by law to give her 30 days notice to leave, possibly less if she fails to pay September's rent and you start the eviction process.

In Oklahoma if a landlord throws out a tenant or changes the locks, and the landlord HAS NOT gone through the proper procedure (Court), the landlord WILL end up owing money to the tenant -- not the other way around.

You may need to locate an attorney who can help you through the process.

#7 MichaelC

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Posted 29 August 2004 - 02:27 PM

I don't know where "chi-town" is. Is that Chicago? China Town maybe -- what city & state?

Home of the Cubbies and deep dish pizza, Kim. Chicago, IL, USA.
manman99, as Kim said, it's impossible to give legal advice on this matter without having intimate knowledge of your state's laws. I will tell you that the longer you allow this to drag on the worst this becomes for you.
You might want to try a scare tactic or two, hoping this woman does not know the law and does not have the means to hire an attorney.

#8 Kimberly

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Posted 29 August 2004 - 03:01 PM

Home of the Cubbies and deep dish pizza, Kim. Chicago, IL, USA.

Thanks Michael, I learned something new today!

#9 Kimberly

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Posted 29 August 2004 - 03:11 PM

Here is a link that will help you understand Illinois Landlord Tenant Laws. Since you don't have a lease, I'd make the assumption, until you verify otherwise, that your situation falls under the "all other" category and requires 30 days notice, with the 30th day being the last day of the rental period. ****That's not legal advice, just my opinion and just from a quick look at the linked site.****

Kim

#10 pinkerton

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Posted 29 August 2004 - 05:18 PM

Hello!

As people have posted, landlord/tenant law is controlled by state law, and there are usually substantial protections for tenants, even under circumstances like these. :)

You've got to evict tenants properly or you will end up in court as the defendant with a Legal Aid lawyer on the other side ready, willing and able to hammer you in a way that you'll never forget! :o

Do not, I repeat DO NOT just move their belongings out on the street, unless you want to be the next poster person for just how much state law protects tenants from nasty-old-landlords. Believe me, you don't want this to happen.

See your lawyer or, I bet you a nickle that there's a "how to" book on landlord/tanant law at your local bookstore on how to properly evict someone. It's a pain to do it right, but soooooo much more of a pain to do it wrong, and get called on it.

Mike P. B)
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#11 mpine

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Posted 29 August 2004 - 05:28 PM

This may go against conventional thinking...

Why not just pay her $500 to move, even offer to pay for her with a moving truck.

Sometimes its easier to help someone leave on there own terms then the expense and time of going through the legal system.


You may want to phrase it something like ...

Mr/Mrs. tenant, if you could be out of my property by Septer 15, I will pay you $500 and split the moving truck with you. Is that something you think could work for you?


Best wishes,

Mike

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#12 Craig

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Posted 29 October 2004 - 11:05 AM

Food for thought. Put mice down there for just a couple of days. Its not a normal way of thinking but its cheap and bet it works with a cash bonus as she exits...
Craig M Warner
Warner Properties Inc

#13 -Tony-

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Posted 29 October 2004 - 08:27 PM

with a cash bonus as she exits

For her or the mice
Tony

#14 Akinwale

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Posted 30 October 2004 - 10:49 AM

with a cash bonus as she exits

For her or the mice

<{POST_SNAPBACK}>


Evict Her..Keep The 3 Mice.

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