uninvited guest from hades

[porkyluck]

What is the name of your state? NC

had a guy renting a very old mobile home w/o a lease. a month before moving out he asked me if a friend of his could stay with him a few days......i agreed cause he was a good renter.

now the original guy has left and his friend is still there with his stuff and refuses to pay rent. i have turned off power and water to the place, but the guy is still there and refuses to leave. this weekend i'm gonna remove the windows and doors

can i change the locks on the place and then have him arrested for trespassing? any help will be greatly appreciate!

i fworst comes to worst, i'll pay someone to hitch haul it to the dump, but that would be my last resort.

come to find out this guy just got out of prison and has a rap sheet a foot long and is on parole!

thanks

 

[knotcops]

No advice from me on this one, but can't wait to read the advice you are going to get!

 

[FarmerJ]

Like it or not that tenant should have been given a proper notice to vacate in writting . You havent read your states laws for month to month renters have you ? Try your state govt web page and look for landlord and tenant . NOW that you have commited illegal utility shut off and are planing on illegally evicting the tenant . You need to get your butt into see a attorney to learn what you might have to pay in penalty fines for your action should this tenant take you to court . OR pray extra hard for a tornado to rip that mobile off its pad and send it to OZ . one way or another consider your self lucky if you dont get sued .

 

[porkyluck]

i had no month to month agreement with this guy...... just the original guy.

i'll just haul the thing to the dump......then let him try to prove otherwise.......but i doubt this guy wants anything to do with the court system.

 

[Camelot One]

If the law of your state classifies this guy as a month to month tenant, you have already opened yourself up to a lawsuit, and any further action to forcefully remove him will just make things worse for you.

The one question I would have is, if this guy has never paid you rent, would the law call him a month to month tenant? This is something you should check into, as it is very important.

 

[rikers]

If this person is not a renter and has never paid you rent, then he is trespassing and can be cited for it and possably arrested. I would give him notice that unless he can show proof that he has permission to be there such as a lease, or written permission from the former tenant that you will place charges on him with the police. By the way how long has the tenant not been there, in some atates after a period of time you can have the trailer declared abandoned.

 

[HomeGuru]

If this person is not a renter and has never paid you rent, then he is trespassing and can be cited for it and possably arrested. I would give him notice that unless he can show proof that he has permission to be there such as a lease, or written permission from the former tenant that you will place charges on him with the police. By the way how long has the tenant not been there, in some atates after a period of time you can have the trailer declared abandoned.

**A: rikers, what are you talking about? Read the response by FarmerJ.
The occupant is considered a m/m tenant which requires written notice to vacate in accordance with the NC L/T law. Further, the law stattes that it is illegal for the landlord to cut off a tenant's utiities. In the future riker, please read the applicable state statutes before responding.

 

[dequeendistress]

HG I just wanted to state YOU made a typo.

 

[JETX]

Of course, HG is correct.
By your ALLOWING the person to stay there, even for a few days, he became a tenant. You would now need to go through the entire process of legal eviction.

Oh, and you better hope the hell that the guy doesn't know your states landlord-tenant laws, because what you did (shutting off utilities) and if you remove doors/windows, COULD be a violation of your state L/T laws and would make YOU liable to him for compensation.

Read the laws at:
http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/ByChapter/Chapter_42.html

 

[rikers]

You are correct HG. had the landlord ever rented to him personaly. My understanding is that he is not the person who rented the trailer, and that the person who did has given up possesion of the trailer to the landlord. He therefore is a squatter and can beconcidered as trespassing unless he can prove he has a legal claim to be there. I have delt with many deadbeat tenants over the years and have gone through the same thing, a threat of calling the police is enough to send them on thier way.

 

[JETX]

"a threat of calling the police is enough to send them on thier way"
*** Sometimes that works.... and sometimes that doesn't. If it doesn't in this case, the writer will have to proceed with formal eviction process (notice and filing, if necessary).

 

[porkyluck]

thanks for the advice.........just because the law says i'm liable......it would NEVER scare me away from doing what i believe is right and fair.

i would consider it very gutless also!

update for those that care.........it was a simple decision. i threatened to lock the place up and have him arrested for trespassing if he didn't have his stuff out by the end of today. my singlewide was empty when i got home from work!

the law lost today.......rightfully so!

thanks again.

 

[HomeGuru]

thanks for the advice.........just because the law says i'm liable......it would NEVER scare me away from doing what i believe is right and fair.

i would consider it very gutless also!

update for those that care.........it was a simple decision. i threatened to lock the place up and have him arrested for trespassing if he didn't have his stuff out by the end of today. my singlewide was empty when i got home from work!

the law lost today.......rightfully so!

thanks again.

**A: ok, you took a gamble and won this time.

 

[HomeGuru]

HG I just wanted to state YOU made a typo.

**A: ok, you are correct. I statte dat I maid a taipo.

 

[rikers]

thanks for the advice.........just because the law says i'm liable......it would NEVER scare me away from doing what i believe is right and fair.

i would consider it very gutless also!

update for those that care.........it was a simple decision. i threatened to lock the place up and have him arrested for trespassing if he didn't have his stuff out by the end of today. my singlewide was empty when i got home from work!

the law lost today.......rightfully so!

thanks again.

Good job. just shows you don't have to be a lawyer to know the law. Experience is sometimes the best teacher.