Lying Leech Inlaw Not Leaving

[kathrynne]

What is the name of your state? Colorado

Sorry this is long. The situation was supposed to have lasted no time at all!

Insane leech sister-in-law relocated from NJ in July, taking spare bedroom until "on her feet." Also borrowed $5700 for costs, still owes $2200. Well, BORROWED $3500 and "accidentally" had rental truck fee of $2200 charged to MY credit card.

No rent asked or paid ($40/wk for GROCERIES that stopped in January, as did repayment of loan). Lies about jobs she's allegedly working, her expected move-out date (we've heard she'll be out in three weeks for the past two months!), and items required to obtain apt.

Claims she MUST have two weeks' pay stub from regular steady job to apply for apartment (she's been working short-term temp assignments or hanging out in local parks for two months). Caught her in THAT lie today and showing her tonight proof from 38 local rental communities that a "hire letter" is sufficient with a new job. Gave her verbal 30-day notice last night, remedying that problem ASAP, as well, with written.

She told us over two months ago that she hates us. Claims that was "heat of the moment" and untrue. Has threatened to kill and/or maim our pet parrot (federally protected / threatened species) on numerous occasions. Said years ago that she hospitalized a man trying to steal her van, now claims SHE was the one hospitalized to counter my stated problems with her violent tendencies.

Respects nothing we own but covets it all.

Need her out ASAP before someone gets hurt--through her potential violence or the stress the situation has caused. County Court says, "no lease? homeowner has no rights," and we're stuck with her until she feels like moving out. Bar Association says SHE has no rights, but offered no details.

We're not made of money, but are willing to let the debt go to just get OUR home back. Her presence has also delayed our plans to foster/adopt an older child, since she's occupying the bedroom intended for that use.

No, she's NOT hot, either. Six feet tall, 250 pounds, obsessed with the Society for Creative Anachronism (SCA? Like Renaissance Faires but year-round?) and wields a broadsword like a member of King Arthur's Round Table.

Yes, we've learned our lesson. Nobody gets our help again. Not a chance. Not like this, anyway.

 

[FarmerJ]

so have you looked at your state govt web page links for landlord and tenant to learn how much WRITTEN notice you must give to month to month renters ? Do that and send her notice using at the very least a certificate of mailing and put your copy of the notice with the reciept in a safe place ( any where but at home ) and follow through with your states laws for eviction should she fail to honor the notice .

 

[WhiteMidnight]

If no rent was ever asked for all she is at this point is a crazy relative who needed a place to stay so she decided to dump herself on you for a while. Chipping in $40 for groceries for a while does not constitute paying rent. Any loan payments made also could not be considered rent because it was to repay money that you had already spent on her. I don't believe a judge would see it as a landlord/tenant situation.

When you contacted the courts did you present it as a landlord/tenant situation? If you did, then that is why you were told you had no rights. Although, that still doesn't sound quite right to me anyway.

If you are afraid for your safety, next time she makes a threat, or gets violent in any way, call the police. Make sure everything goes on record from now on.

 

[kathrynne]

Yep, checked that, but ...

so have you looked at your state govt web page links for landlord and tenant to learn how much WRITTEN notice you must give to month to month renters ? Do that and send her notice using at the very least a certificate of mailing and put your copy of the notice with the reciept in a safe place ( any where but at home ) and follow through with your states laws for eviction should she fail to honor the notice .

According to http://www.courts.state.co.us/chs/court/forms/fed/fed.html the form is the "Demand for Compliance or Right to Possession Notice" and it's a THREE-DAY notice. After that's served (and apparently tacking it to her bedroom door is plenty!) and the three days have passed we file with the court for the FED/Eviction.

Where it's confusing me is that it's perpetually referring to leases and rent, which don't apply at all. Leeches? Yeah, THEY apply.

I was really hoping the Bar Association's answer was the accurate one because my husband replied, "You mean she has no rights whatsoever? Like I could really tell her to GET OUT this weekend and she'd have to be gone?" And was told that this was the case, then referred to this website.

 

[kathrynne]

If no rent was ever asked for all she is at this point is a crazy relative who needed a place to stay so she decided to dump herself on you for a while. Chipping in $40 for groceries for a while does not constitute paying rent. Any loan payments made also could not be considered rent because it was to repay money that you had already spent on her. I don't believe a judge would see it as a landlord/tenant situation.

When you contacted the courts did you present it as a landlord/tenant situation? If you did, then that is why you were told you had no rights. Although, that still doesn't sound quite right to me anyway.

If you are afraid for your safety, next time she makes a threat, or gets violent in any way, call the police. Make sure everything goes on record from now on.

I posed the question to the county court pretty much as a crazy inlaw situation. About fell over in tears when they said there wasn't a thing we could do.

Police said they can do nothing at all until she has committed an act of violence. Then they'll give her a TICKET! Threats are apparently not sufficient.

Then again, we're in the city whose police department is being torn apart for totally blowing a serial rapist arrest/custody last fall. Think it hit the national news. We had him in custody, he confessed to molesting a child (had been released from prison for same only months earlier?) and was released because of an email problem--to commit at least 6 more violent rapes and an attempted murder or two before they finally caught him again!