Re: thing - Posted by John Corey
Posted by John Corey on June 15, 2006 at 18:36:11:
It is very black and white. Let the police rattle them and let the lawyer nail them with an eviction. Then file the judgment against any an all names listed (include the brother if you like as he appears to be resident now). They are breaking the rules and the landlord is just trying to get back their property. Why should the tenant have a free ride just because they get a big guy to stand in the doorway?
If someone asked to move out later and signed a rental agreement that is fine. People agreeing to agree. I am all for agreement. If you do not ask you do not receive.
To just stay, to have relatives lying and being present in the property when the relatives have no right to be there is not a solution. Intimidation could be one view and that is yet another criminal offense. It matters little that the brother was invited in by an illegal tenant.
She can sue for what damages? Staying past her legal right to stay? Having to explain to the police what her brother is doing there when she has no legal right to be there or to invite others in? Being evicted by the sheriff and having to pay to get her stuff back if she does not get out first?
I get the point that she has to be evicted. Her brother does not but will be covered when “and anyone else” is listed on the eviction or could be listed by name if you want to wind him up. In the mean time there is no reason not to assume that he is not trespassing. All the owner knows is a strange person is somehow in the property with out permission. He claims to be a relative but no one that is recognized can vouch for him. Ask him for ID and then make sure you list him on the eviction. Let him know that this means he will have a judgment on his file so he needs to have his checkbook ready.
Or let the court decide how the individual should be tried after the police take him downtown when he can not show why he legally can be in the property.
Shall we agree to disagree?
You deal with it how you like if it happens to you. I stick to the rules but use all the rules. If there is gray area there is no reason to offer the gray to the other side. They are already taking more than they should and not being truthful about it.
The tenant landlord rules are pretty fair so expect people to play by them. Enforce your rights if the other party does not want to communicate. The system works if you use it early and often.