Evicting a family member

[moundtown]

WV

My sister moved into my mother's house with my mother about a year ago. She was supposed to pay rent but she never did. My mother could not bring herself to force the issue. Now my sister no longer cleans up after herself and leaves my mother (age 92) to do everything herself. My mother has decided that enough is enough and wants my sister to move out. My question is, how does my mother force her to leave and how much time must she give her?

The How Much Notice is Required in a Month-to-Month Tenancy? page states "Suppose the tenant did not pay rent. The landlord can go directly to court for eviction. West Virginia law does not require this landlord to send advance notice. The tenant does not get the protection of advance notice if he broke the rental agreement". Would this apply to this case?

 

[FarmerJ]

oral month to month rentals are pretty hard to prove when a tenant entered one then has never paid a dime . SO i suggest you first check to see if there is a eviction moratorium in your state or not and if there is none then Your mom needs go get a post office box or have ALL her mail forwarded to your address and to write a simple notice (double check your states landlord tenant links ) the notice could be as simple as date, her name this is your notice to vacate ( address ) by X date signed and new return address used as address ( so that way your sister cannot tamper with your moms mail ) ( amount of time your state says a month to month renter with zero lease gets ) and send it to her via confirmed mail delivery and your address will be the return one. Then if she is not out by the end of the notice file with the courts and get her out. A reality too is that you can talk to a local real estate attorney to learn what your states penalty is when a tenant is illegally evicted is ( your also free to bribe her to get out like deposit abnd first months rent say on a small one bedroom or studio apartment paid by you only if she gets out. Then make sure your mom understands she is to not even let her in ever again to visit and if she barges in tell her to get out and if she wont to call the police and tell them Im 92 and there is a person here at my house who has been told to leave and refuses and im afraid .

 

[bcr229]

The How Much Notice is Required in a Month-to-Month Tenancy? page states "Suppose the tenant did not pay rent. The landlord can go directly to court for eviction. West Virginia law does not require this landlord to send advance notice. The tenant does not get the protection of advance notice if he broke the rental agreement". Would this apply to this case?

Without a written lease I think it would be difficult to prove that your sister did not pay rent so you can't go straight to filing for eviction. Have your mother follow the instructions in the link to terminate the tenancy, and if your sister doesn't move out then your mom should file for eviction. Given the info in that link your mom would be terminating the tenancy as of October 31.

WV does not currently have a statewide moratorium on evictions though some counties or cities in the harder-hit areas might. I don't know if the CDC's moratorium would apply to this particular case either.

 

[moundtown]

Thank you both for responding to my post. I should have also mentioned that I fear for my mother's health. My sister brings her grandchildren and step grandchildren into my mothers home nearly every day. She also brings other people into the house. At 92 years of age my mother would not likely survive the coronavirus. I just can't wait six weeks to put an end to this. There has to be something I can do.

 

[bcr229]

I understand your concern since school started last week. Even without coronavirus it's typical for the kids to spread around illnesses when they return after the summer break, then their parents spread them around at work, etc. You can practically set your watch by it.

If your mom wants your sister out then she has to go through the process to do it legally or it will take even longer.

If you think that your sister is abusing your mom then you can see if your county or city social services has any guidance.

 

[Just Blue]

Thank you both for responding to my post. I should have also mentioned that I fear for my mother's health. My sister brings her grandchildren and step grandchildren into my mothers home nearly every day. She also brings other people into the house. At 92 years of age my mother would not likely survive the coronavirus. I just can't wait six weeks to put an end to this. There has to be something I can do.

Can you bring your mother to your home until your sister is out?

 

[moundtown]

I understand your concern since school started last week. Even without coronavirus it's typical for the kids to spread around illnesses when they return after the summer break, then their parents spread them around at work, etc. You can practically set your watch by it.

If your mom wants your sister out then she has to go through the process to do it legally or it will take even longer.

If you think that your sister is abusing your mom then you can see if your county or city social services has any guidance.

I would consider putting her life in danger as a form of abuse. Could my mother file some type of restraining order to prevent my sister from bringing people into the house?

 

[moundtown]

Can you bring your mother to your home until your sister is out?

My siblings and I have been trying to do that but my mother refuses to be forced to leave the home she has lived in for 58 years. Even if it's just for a few weeks.

 

[Gail in Georgia]

Legally it is unlikely you can prove much to a court that your sister is putting your mothers life in danger or that bringing in her grandchildren is a form of abuse to your mother.

Often the easiest thing is to pay your sister to vacate the rental unit. Find her another place; offer to pay the deposit and the first months rent. Once she's out change the locks on moms house and make sure mom does not let her back in again.

Gail

 

[FarmerJ]

My dad had a very hard time accepting that he had to give up his home of 62 years and move to a assisted living apartment , he had many health concerns and my step mother was losing her mobility and that house was not mobility challenges friendly , 6 or 7 stairs to go in the front door, I think 9 steps to enter the back door from the driveway. full basement 12 or 13 steps with laundry in basement. BUT going back to your mom , If your mom is okay with it perhaps a attorney could prepare the notice to your sister to get out and send it.