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  1. #1
    jlarnai is offline Junior Member
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    Angry How to Get My Sister out of my house?

    What is the name of your state? New Jersey

    On April 30, 2007 we closed on our new house in Monmouth County, NJ. The mortgage is just in my name. The deed for the house has my name, my wifes name and my Dad; who has a life estate in our house. On May 15th, my sister moved in. She stated that she just needs a couple of weeks to find a place to live. As of today; she is still living in our house and refuses to leave. She has 2 kids; in which she lost custudy of due that she is addicted to pain killers. (The Dad has the kids) We have taken her to the hospital twice because she has overdosed on pain killer prescriptions. She is causing HAVOC in our house. We have to sleep in our bedroom with the door and windows locked. About 2 weeks ago; about 6AM she climbed into our bedroom window; while we were sleeping and was looking through my wifes pocketbook; looking for money and pills. My sister has paid me nothing for the care of the house; she worked for about 3 weeks at close to minimum wage; but lost her job due to her drug problem.
    She has not lifted a finger for the care of the house.

    We have contacted the local Police Department, but was told they can't make her leave. They told us to contact Freehold (Landlord/Tennent). We did; we had a scheduled court date. We were the 130th+ case that day; they told us that if we can settle without waiting for the judge; we can file the paper work there. We filed the paperwork stating that she has to leave in 2 weeks and 3 days. August 27th was the date she was suppose to move out. She refused to leave again and I went down to Freehold to get her evicted. They told me that since she lives in just a bedroom above the garage and pays no rent that they can't evict her. She is not a real tenant.

    PLEASE help me get her out of our house. Her name is not on any of the paperwork for the house. All three of us want her to leave! I don't want any money from her; just for her to leave.

    What do I need to do to get her out of our house?????

    Thank Your for your time and help!
    Joe
  2. #2
    Ohiogal is offline Senior Member
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    File for eviction and evict her under the landlord tenant laws of your state. you are her landlord now.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    File for eviction and evict her under the landlord tenant laws of your state. you are her landlord now.
    **A: I totally agree.
  4. #4
    jlarnai is offline Junior Member
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    I tried that. Since she is only living in a extra room and does not have a private entrance; they can't evict her under landlord / tenant. She is not a tenant and has not paid rent. I might have to file a Civil Action Lawsuit against her, but thats going to take time for filling out forms and money to file the forms and time off work.

    Anybody gone through this before? Any other ideas on what I can do?

  5. #5
    LdiJ is offline Senior Member
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    Change the locks and don't let her back into the house. You have already formally evicted her (at least as far as I can tell) so if you lock her out she can't get back in.
  6. #6
    Bruno is offline Member
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    Talking This is very easy...

    According to Lent Tillem, whom people call for advice every day on KGO radio: I have heard many, many similar calls from callers on a similar situation. Your sister is NOT a tenant. There is NO lease. She DOES NOT pay rent. SHE IS A BOARDER. Change the locks when she is not around, and put all her stuff in a large plastic bag, and put it outside the house. No prior notice is needed. Do it ASAP. Problem solved!
    Last edited by m martin; 09-29-2007 at 11:19 PM.
  7. #7
    Bruno is offline Member
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    This is very easy (Part II)...

    And if she comes back and tries to make a scene, then call the cops. They will take her away...
  8. #8
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Bruno View Post
    According to Lent Tillem,whom people call for advice every day on KGO radio: I have heard many, many similar calls from callers on a similar situation. Your sister is NOT a tenant. There is NO lease. She DOES NOT pay rent. SHE IS A BOARDER. Change the locks when she is not around, and put all her stuff in a large plastic bag, and put it outside the house. No prior notice is needed. Do it ASAP. Problem solved!
    Is the Bay Area in New Jersey now? You do not need a lease to be considered a tenant nor do you need to pay rent to be a tenant. If this is her residence, she has rights.

    I want to know what Freehold is.
    Last edited by m martin; 09-29-2007 at 11:19 PM.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    Bruno is offline Member
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    Freehold :D

    Freehold is a Township in N.J.:

    [url]http://www.twp.freehold.nj.us/[/url]
    Last edited by m martin; 09-29-2007 at 11:19 PM.
  10. #10
    jlarnai is offline Junior Member
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    I first asked our local Police Depart if they can have her removed.....they told us no and to contact the county.

    I then sent a 2 page letter to the county and explained the situation. They sent me landlord/tenant forms. I filled them out; she got served the papers. We had a court date; but since there was so many cases ahead of us; they told us if we can come up with a agreement we can file the paperwork. We gave her 2 weeks to leave and filed the paperwork. After those 2 weeks went by, I filled out the form to get a sheriff from the county to evict her. They told me that they don't just evict one person from the apartment/house; everybody goes. They also told me that since she does not pay rent or have her own private entrance; they can't do anything. I need to file a civil action lawsuit and there is a $200 fee. I am still so confused on what to do.

    Her name is not on any of the house paperwork. My wife felt sorry for her back in May and talked me into letting her stay here. I thought I could tell her to leave when ever I wanted.

    Thanks!
    Joe
  11. #11
    Ohiogal is offline Senior Member
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    Quote Originally Posted by jlarnai View Post
    I first asked our local Police Depart if they can have her removed.....they told us no and to contact the county.

    I then sent a 2 page letter to the county and explained the situation. They sent me landlord/tenant forms. I filled them out; she got served the papers. We had a court date; but since there was so many cases ahead of us; they told us if we can come up with a agreement we can file the paperwork. We gave her 2 weeks to leave and filed the paperwork. After those 2 weeks went by, I filled out the form to get a sheriff from the county to evict her. They told me that they don't just evict one person from the apartment/house; everybody goes. They also told me that since she does not pay rent or have her own private entrance; they can't do anything. I need to file a civil action lawsuit and there is a $200 fee. I am still so confused on what to do.

    Her name is not on any of the house paperwork. My wife felt sorry for her back in May and talked me into letting her stay here. I thought I could tell her to leave when ever I wanted.

    Thanks!
    Joe
    They cannot evict people without a court order. YOU NEED TO FILE THE LAWSUIT. Pay the $200 if you want her out of the house. End of story. You cannot tell her to leave when ever without a court order.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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