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Removing a Person Living in House

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Bucfan202

Junior Member
What is the name of your state? FL

My problem is We are renting our home and about a year ago my mother in law came to stay with us for a few months. She has been here well over a year not helping out at all she is medicated and has problems we suspect mentally. We asked her to leave gave her plenty of time and she will not leave states we will have to drag her out. My Kids are scared because she has these outburst for no reason I told her im changing the locks and she will not be able back in she could have all her stuff too. My Landlord told us that he rented the house to us she is not on the lease it is up to us to get her out He has no problem on us changing the locks. What is my right in this home that Im responable for she is making our life so hard and my kids uncomfortable can I change the locks and keep her out.
 


cvdesign

Member
I am no attny, but I personally would call the police and report her as a trespasser. She contributes nada to the household, is dangerous (per your post), and refuses to leave. Also, I'd seriously consider a restraining order (if you really do feel that she's dangerous).

Again, I'm no lawyer, but that's what I'd do.

Much, much luck!!!!!
 
How about helping her instead of kicking her out. If she is having problems, then take her to the doctor. If she is OK, then see if you can find alternative housing for her if it is an issue.
 

FarmerJ

Senior Member
Social services can be of assistance too , if she qualifys for programs that can further assist her then why not see about moving her in that direction.
 

Ohiogal

Queen Bee
You are your mother-in-laws landlord and hence must act as such. If you want her out take the legal steps to evict her.
 

Ozark_Sophist

Senior Member
You have to evict her and there is a legal process for that. It can also be a long process, so the other suggestions about finding social services to help address her needs could also be followed up. But start the eviction process first. Often times social services can't help find an apartment if the client is already living in a home. My ex ran into this problem, and she had her own apartment--her sister paid the rent and wanted out of the financial obligation. The ex tried to get assisted living but was disqualified on the basis she had a place to stay. She had to lose her apartment to get an assisted living assistance (also for mental health issues). Given m-in-l's state of mind and living situation, what do you think would happen if you surprised her with a TRO? Don't cut corners, especially this one, unless there is a credible threat to yourself or your children.
 
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cvdesign

Member
How is the MIL determined to be a tenant and not just like "old fish?"

You have to evict her and there is a legal process for that.
You know that old Ben Franklin quote - about guests who overstay their welcome stinking like old fish (paraphrasing, of course). ;)

What qualifies the OP's MIL as a tenant? She contributes nothing, there is no agreement even coming close to a lease/contract, and has actually (according to the OP) refused to enter into a "lease" or "contractual arrangement."

Honestly, not trying to be snotty, just wondering. In my mind, especially since the person came for a "visit" and has overstayed her welcome, I would consider her no more than a nuisance and a trespasser . . . if she IS legally considered a tenant, what amount of time would determine that? One month? Two? Six? Or what circumstance would decide that status? Her refusal to leave? The request of contribution? Again, just curious . . . no offense intended. (Let's just say that I never want that to happen to me and mine!!!)

OP: I can relate. My MIL is mentally disturbed. She has been involuntarily committed 3 times now, makes our lives a living aitch-ee-double-toothpick, and has put more stress on my marriage than I care to go into detail about. However, since she is not considered a true "danger" to anyone (despite making numerous death threats against family members and seeing conspiracies wherever she turns), she is able to refuse psychiatric help and continues to destroy lives. My deepest sympathies are with you.
 

ecmst12

Senior Member
Because she's been living there for over a year, even with no lease and no rent being paid, she still gets the protections of being a tenant. You can't just change the locks, you have to evict her through the courts.

To my knowledge, there is no specific length of time which definitively transitions someone from being a guest to a tenant, but a year is DEFINITELY over what any judge would consider necessary to make her a tenant. Also taken into consideration is whether the unwanted guest/tenant has their own keys, has all or most of their belongings in the house, that kind of thing. She's clearly living there, not just staying for a short while to get on her feet.
 
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cvdesign

Member
In fact, in looking over our LL/T laws (specifically, the definitions), the MIL doesn't seem as though LL/T would apply in this situation. There is no agreement, oral or written that would serve as a lease.

If anything, I guess she could be considered a transient occupanct, in a sense, unless I am being too literal in my interpretation . . . but even then, the statutes in the FL Sunshine Statutes wouldn't apply to her.

As as per her having an "agreement" (though the OP states that no agreement was ever made):

83.01 Unwritten lease tenancy at will; duration.--Any lease of lands and tenements, or either, made shall be deemed and held to be a tenancy at will unless it shall be in writing signed by the lessor. Such tenancy shall be from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.

I guess I just don't see why the OP can't just call the police and report her as a trespasser - there is NO agreement/lease (not even an implied one), and she obviously doesn't pay rent (and apparently never has). To me, that = trespasser.

Again, as with my earlier post - no offense.

Edit: Tenancy at Will is defined as "A tenancy at will is created by agreement between the tenant and the landlord, but it cannot be transferred by the tenant to someone else since the landlord controls the right to occupy."

I was curious, so I looked it up.
 
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cvdesign

Member
Because she's been living there for over a year, even with no lease and no rent being paid, she still gets the protections of being a tenant. You can't just change the locks, you have to evict her through the courts.
See, I see nothing in the FL statutes that would support that . . . in fact, she would have had a transient occupancy (which states tenancy for a temporary duration), and that's not covered by the Sunshine Statutes . . .

Again, no offense. I just find it crappy that if I had an unwelcome GUEST who contributed nothing to my home, and I had NO agreement with, could force me to jump through hoops just to get rid of her!!!

Also, who's to say that once eviction proceedings begin, she won't go bonkers and hurt someone?? It's sort of like forcing you stay with an abusive spouce during a divorce.
 

ecmst12

Senior Member
See above answer. Also, if no written lease exists, then the state automatically creates one for the protection of both parties. A person can be a tenant even if no rent is being paid.
 

ecmst12

Senior Member
Also, who's to say that once eviction proceedings begin, she won't go bonkers and hurt someone?? It's sort of like forcing you stay with an abusive spouce during a divorce.
If she's a danger to herself or others, she can be involuntarily committed, as you know. Other then that, she has rights.
 

justalayman

Senior Member
Edit: Tenancy at Will is defined as "A tenancy at will is created by agreement between the tenant and the landlord, but it cannot be transferred by the tenant to someone else since the landlord controls the right to occupy."
Well, there was an agreement at one time. What the OP wants to do now is to terminate that agreement.
 

cvdesign

Member
Okay, how about this?

What if the OP goes to HIS LL and tells the LL that there is someone living there not under a lease? The OP said that he's renting his home . . . wouldn't the LL be able to evict the MIL? That way, the OP could get rid of the pest without getting his hands dirty and without his MIL posing a threat to his family.

Wouldn't the LL be able to evict the MIL then? Since she's not on the lease?? Also, what about "exceeding the maximum occupancy" thing (if it applies, I mean)?

Again, no offense - I've just got the same kind of MIL and REALLY feel for the guy (there but for the Grace of God go I, sort of thing) . . .
 

ecmst12

Senior Member
No, the landlord can not evict her because LL did not have an agreement with her. The agreement was with OP.
 

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