Girlfriend moved in whole family and now won't leave. My Brother is dying of cancer.

[xylene]

I still do not understand how they can be tenants without paying rent?!

They are tenants by virtue of the duration of their tenancy, not by paying rent.

 

[Zigner]

They are tenants by virtue of the duration of their tenancy, not by paying rent.

Actually, they are tenants by the nature of their residency, not by the length of their stay. Tenancy can be established the same day a person moves in...or one could be a "guest" for months and months.

 

[Proserpina]

Actually, they are tenants by the nature of their residency, not by the length of their stay. Tenancy can be established the same day a person moves in...or one could be a "guest" for months and months.

That's a very important clarification.

 

[xylene]

The salient fact is his girlfriend has lived their for "years and years."

Honestly y'all have an argument how she / the kids are guests under the law?

 

[enattitude]

If he sells the house, he's going to be homeless...

Hello all,

I find myself falling into the "excuse trap". Most addicts have it down to a science. As does my brother. His situation seems to be a no win anyway you look at it. And his list of excuses is endless. His daughter and I thought that if he would agree to rehab and to a short sale we would do whatever it took to get him resettled after he had been sober for a while. The excuses started and we finally, after many, many years gave up. I am just so angry at his girlfriend right now I wanted any kind of out for him.

There comes a time when we all have to accept what is and move on.

This is that time I think.

So, many thanks to all who responded. May you all have Peace and Health in your lives.

 

[enattitude]

The salient fact is his girlfriend has lived their for "years and years."

Honestly y'all have an argument how she / the kids are guests under the law?

Now, as a new member of the forum, I would love to continue the arguments!

Squatter
An individual who settles on the land of another person without any legal authority to do so, or without acquiring a legal title.
In the past, the term squatter specifically applied to an individual who settled on public land. Currently it is used interchangeably with intruder and trespasser.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


SQUATTER. One who settles on the lands of others without any legal authority; this term is applied particularly to persons who settle on the public land. 3 Mart. N. S. 293.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

I still feel that the "family" at least are squatters. The GF could try to argue Common law wife, but I am not sure of the time factors in AZ.

 

[Onderzoek]

Impossible to help someone who doesn't really want anything different than what he has.

 

[STEPHAN]

The GF was allowed there at one point and (for example by receiving mail) established residency.

 

[Zigner]

Now, as a new member of the forum, I would love to continue the arguments!

Squatter
An individual who settles on the land of another person without any legal authority to do so, or without acquiring a legal title.
In the past, the term squatter specifically applied to an individual who settled on public land. Currently it is used interchangeably with intruder and trespasser.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


SQUATTER. One who settles on the lands of others without any legal authority; this term is applied particularly to persons who settle on the public land. 3 Mart. N. S. 293.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

I still feel that the "family" at least are squatters.

Your brother has allowed them to move in...they're not squatters.

The GF could try to argue Common law wife, but I am not sure of the time factors in AZ.

There is no such thing as "common law" marriage in AZ. Arizona will recognize common law marriages that were created in other states, but that doesn't apply here.

 

[enattitude]

Your brother has allowed them to move in...they're not squatters.

There is no such thing as "common law" marriage in AZ. Arizona will recognize common law marriages that were created in other states, but that doesn't apply here.

Allowed them. As guests, not permanent residents. And not all at once. Not sure but I think there are currently six couples, at least one teenager and at least one baby. Then we get into the relatives that wouldn't leave.

I don't have any real reason for GF Not to stay. She sort of takes care of him. Just the kids. Again 30 & 40 year old kids and their offspring.

 

[enattitude]

Your brother has allowed them to move in...they're not squatters.

I remember a court case of landlord v. tenants. The landlord leased the home to the tenants, in essence inviting them in. The landlord lived in another state and depended on a management company to take care of the home.

After some time the landlord realized the tenants were no longer paying rent. The management company was gone. The tenants simply quit paying rent. After 9 months of no rent the landlord flew out. He had filed 30 day notices but no response.

They all ended up in court. The landlord requesting all the back rent. The tenants refusing on the grounds they had had no heat over the long winter.

Who won & why?

Weren't expecting a quiz, eh

 

[Silverplum]

Your brother has allowed them to move in...they're not squatters.

I remember a court case of landlord v. tenants. The landlord leased the home to the tenants, in essence inviting them in. The landlord lived in another state and depended on a management company to take care of the home.

After some time the landlord realized the tenants were no longer paying rent. The management company was gone. The tenants simply quit paying rent. After 9 months of no rent the landlord flew out. He had filed 30 day notices but no response.

They all ended up in court. The landlord requesting all the back rent. The tenants refusing on the grounds they had had no heat over the long winter.

Who won & why?

Weren't expecting a quiz, eh

There is no quiz: the only law that applies in your brother's situation is AZ law.

 

[STEPHAN]

The LL won. The tenants didn't give proper notice in regards to the heat.

And ... the LL gave proper notice.


(Again, this is what your brother should do.)

 

[enattitude]

There is no quiz: the only law that applies in your brother's situation is AZ law.

Silverplum,

Are you a dancer as well?

Does the case state the location?

 

[enattitude]

The LL won. The tenants didn't give proper notice in regards to the heat.

And ... the LL gave proper notice.


(Again, this is what your brother should do.)

Funny, the Man always wins-almost. The point was that the tenants were deemed squatters due to non-payment of rent. This is a real case. I don't recall all the particulars except it was heard in Civil Court. I was researching another case in the Law library and found it. Many years ago. When we still read books

I have told my brother on many occasions (every month for almost a year) to just write up a 30 day notice. But...you guessed it, Wicked GF has him convinced it would require legal assistance in the hundreds to thousands.
Funny she has come up with $1000 to retain an attorney for his bankruptcy filing. Actually not funny, but a PITA she won't just kick her family out. She's just too comfy to give it all up. Lot's of SSDI from everyone and plenty of drugs to go around

His daughter is very worried that his debts will fall to her as the only heir. The whole thing is too sad for words. And I will miss him.

Nite