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  1. #1
    single mummy is offline Junior Member
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    Evicting family from an inlaw apartment

    What is the name of your state (only U.S. law)? Mass

    I have my brother, his girlfriend and a 16 month old baby living in my basement inlaw apartment. They were evicted from their last 2 apartments for failure to pay rent. I allowed them to come live with me temporarily (discussed until Christmas but the latest in the spring). Now, they just became pregnant again AND my brother once again lost his job. So, I asked them what their plans were and they got angry saying how family is horrible and he expected that I would do him wrong just as family always does. Our verbal agreement was that he would put $500/month into supplies and use these supplies to fix up the area they are living in. So I am not taking any physical money from them. I am concerned that with another baby on the way that they are now going to become indefinite "squatters." This is why I initiated what the PLAN was to remind them that this was temporary until they got on their feet. Now they are refusing to leave stating that it isn't even a legal apartment. They said I should be paying them for doing the work in the basement! I was only doing them a favor but now I need to know how to get rid of them. They are not fixing the place up anymore and are living down there for free and I am paying for everything in the house. How can I evict them from my home? I can't take the swearing and yelling anymore that we hear going on downstairs. Thanks.
  2. #2
    FarmerJ is offline Senior Member
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    You posted > Our verbal agreement was that he would put $500/month into supplies and use these supplies to fix up the area they are living in. So I am not taking any physical money from them.< money is money and yes if you were going to want the area fixed up more then you should not expect a tenant to do it for you , they are your tenants. You called it a favor , your states laws wouldnt see it that way , there is no favors when it comes to LL tenant laws! You now risk that they will call inspections and complain that you have rented them a space that is not fit for tenants (illegal apt, non conforming apt) They are entitled to the same kind of notice that any other tenant in your state is to get when someone has no written lease telling them to move out. If they ignore a proper notice your free to use the court system to get them to leave by formally asking the court to evict them based on failing to move when given proper notice. They can also apply for public assistance now that he is not working , they can apply for public housing types of apts too as well as emergency assistance , Your free to tell them your going to start calling the police every time they fight to report domestic disturbances every time they start fighting. When you make out the notice telling them to leave( your states timeline for month to month renters) go rent a PO box so your mail wont be tampered with then do not make it about the money , keep it simple, two notices , one to each of them first and last name on notice the address and `this is your notice to move out by (x date) , your signature and your new po box address, and date. send via certified mail one to each, If they refuse to sign / pick up those notices the notices will be returned to you , leave the original notices in tact sealed, you will need them like that if you end up taking them to court.
  3. #3
    sandyclaus is offline Senior Member
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    Quote Originally Posted by single mummy View Post
    What is the name of your state (only U.S. law)? Mass

    I have my brother, his girlfriend and a 16 month old baby living in my basement inlaw apartment. They were evicted from their last 2 apartments for failure to pay rent. I allowed them to come live with me temporarily (discussed until Christmas but the latest in the spring). Now, they just became pregnant again AND my brother once again lost his job. So, I asked them what their plans were and they got angry saying how family is horrible and he expected that I would do him wrong just as family always does. Our verbal agreement was that he would put $500/month into supplies and use these supplies to fix up the area they are living in. So I am not taking any physical money from them. I am concerned that with another baby on the way that they are now going to become indefinite "squatters." This is why I initiated what the PLAN was to remind them that this was temporary until they got on their feet. Now they are refusing to leave stating that it isn't even a legal apartment. They said I should be paying them for doing the work in the basement! I was only doing them a favor but now I need to know how to get rid of them. They are not fixing the place up anymore and are living down there for free and I am paying for everything in the house. How can I evict them from my home? I can't take the swearing and yelling anymore that we hear going on downstairs. Thanks.
    IMHO, given your brother's rental history, I would not have taken this chance or allowed him to the opportunity to make YOU his next unsuspecting victim of not paying his way.

    You will need to follow the legal eviction procedures to force them to move from the place. If, as your brother says, the place is illegal (i.e. unsafe or hazardous, or would fail a code enforcement inspection), then you might have an uphill battle on your hands. While it doesn't allow them to STAY indefinitely, it does complicate the actual eviction process.

    If you even suspect that the property would not pass a code enforcement inspection, you run the risk of your brother calling out an inspector and having you cited for the violation, potentially fining you for it. But if it comes to that, then they could ALSO give a vacate order to your brother and his family. However, if THAT happens, you also end up liable for his displacement and could end up having to pay his relocation expenses to another place to live.

    You really, REALLY, should have considered the consequences of your actions before you allowed this loser to move in to your place. As it turns out, now your kindness may end up costing you big bucks you never planned to spend.
  4. #4
    FarmerJ is offline Senior Member
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    Where a eviction becomes messy is when its a tenant in a space that doesnt meet code and the tenant has indeed paid something in the past to live there, SO if you keep your notice to them about it being time to go and NOT about the money they were supposed to PAY. Its when and if it ends up in a court because they wont leave it becomes a issue not of the money but proper notice to get out and the court giving them a set time to do it before the courts grant consent for county sherriffs dept to carry out a eviction order removing them from the premise.
  5. #5
    single mummy is offline Junior Member
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    Great Idea!!! It really isn't about the money as they haven't given me any... it is more because it was supposed to be temporary option and now since they became pregnant again, they want to be here much longer (meaning indefinitely squatting). I will keep it about the time that was agreed upon rather than anything else. Despite his anger issues, I really don't want to see them homeless especially where there is a young child down there that I love very much. Baby X is the real reason I broke down and allowed this loser to move into my home in the first place knowing his history.
  6. #6
    xylene is offline Senior Member
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    Quote Originally Posted by single mummy View Post
    Baby X is the real reason I broke down and allowed this loser to move into my home in the first place knowing his history.
    They need to make their own way.

    Don't let them push you over.

    Either you are willing to support a freeloader for the sake of his growing brood or you are not.
  7. #7
    single mummy is offline Junior Member
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    HAHAHA! We have been calling them the "things" in the basement...but I like "brood breeders" better! Thanks for some new ideas! I will be giving them 1 month in writing to move out.
  8. #8
    FarmerJ is offline Senior Member
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    Since your going to allow them to stay on a bit longer , sit your brother down alone AFTER you dig up local resources for him, contact info for ,catholic charitys ( housing programs) salvation army , your city / county public housing authority , your county social services AFDC offices number and address.(yes afdc , because many welfare progs are linked up with employment services) and tell him, these are some of the resources out there to seek help from now. Then prep the certified letters and send , one to each of them one his name , one her name.
  9. #9
    single mummy is offline Junior Member
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    Thanks again...will do! Will make a list of websites and contacts for them. Another good thing is that I just read on facebook that he found a new job! I better do this eviction quickly while he is actually employed...lol. You never know how long this status will last for him. I have learned a valuable lesson in all of this...."just say no...to family". I have another tenant here and absolutely no issues, but then you try to help your own family and this is the result.
  10. #10
    xylene is offline Senior Member
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    It is no lack of charity to preserve your self interest.

    Only self interest even allows charity.

    Good luck.
  11. #11
    Stevef is offline Senior Member
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    Massachusetts is a very tenant friendly state. Since they are now tenants, you'll have a hard time ridding yourself of them.

    Read through some of the information at http://www.lawlib.state.ma.us/subjec.../eviction.html

    One word of caution. If they go to the board of health and an inspector finds ANYTHING wrong with the apartment, any eviction within the following six months is presumed to be retaliatory.
  12. #12
    Victorxyz3 is offline Member
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    Based on these facts, the judge distinguished between tenants and lodgers, noting that “a tenant has the right to exclusive possession of the premises,” whereas “[a] lodger has merely the right to use the premises.”   He declared the ordinance to be unconstitutionally vague, and concluded that “the living arrangements of the [d]efendants' group[s] of tenants, in their  respective dwelling units, approximate the living arrangements of traditional families,” and formed “single housekeeping unit[s] which [are] entitled to the same treatment” as families under the city's ordinances****************************.....[url=http://caselaw.findlaw.com/ma-court-of-appeals/1280772.html]No.?00-P-1208. - CITY OF WORCESTER v. BONAVENTURA - MA Court of Appeals[/url]


    It appears as if you have lodgers, not tenants. So make sure that if any eviction is performed it is done correctly. I don't know specifically about MA but it may very well be that a 30 days notice to vacate is all that is needed to expel lodgers; after that they may be considered trespassers. Something to investigate further**************......[url=http://www.lodgerlandlord.co.uk/2010/02/19/day-19-how-should-you-deal-with-problem-lodgers/]Day 19 – How should you deal with a problem lodger?[/url] .. I know a UK link but its a similar process to most lodgers



    Looks like you are OK as far as not getting a license with only 3 lodgers, but with 4 its an issue? [url]http://www.masslegalhelp.org/housing/legal-tactics1/chapter18-rooming-houses.pdf[/url]

    You have 3 now ... get to 4 & you may have problems
    Last edited by Victorxyz3; 12-26-2011 at 02:06 PM.
  13. #13
    ecmst12 is offline Senior Member
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    You need to evict them as you would ANY OTHER TENANT, legally through the court. 30 day notice, in writing, is the first step.
  14. #14
    Victorxyz3 is offline Member
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    Quote Originally Posted by ecmst12 View Post
    You need to evict them as you would ANY OTHER TENANT, legally through the court. 30 day notice, in writing, is the first step.
    You saying they are tenants? Or that lodgers have to be evicted, same as tenants?
  15. #15
    Antigone* is offline Senior Member
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    Quote Originally Posted by Victorxyz3 View Post
    You saying they are tenants? Or that lodgers have to be evicted, same as tenants?
    If you have to ask, then you should not be giving advice., Mr. biochemist.
    Last edited by Antigone*; 12-26-2011 at 02:44 PM.

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