Thank you, C.
I am then going to assume that only your name is XXXXX XXXXX deed.
As such, the mother-in-law is a tenant at sufferance
. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner. See here
A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her.However
, if she has been out of the home for a substantial time, the owner can construe this as a constructive eviction
due to abandonment
(voluntary or not) and simply not let her back in. To facilitate this, the owner would pack her items and place them into a storage facility, and would let her know of the storage facility's name and location via a certified letter. Example:Dear ____________,
This correspondence is in regards XXXXX XXXXX property stored at __address____ which is yours. It was left at my property by you on ___date_____. This property consists of the following items (list)
I have relocated this property to the storage facility because you were a tenant at sufferance and your leave of the property on ____ was seen by me as abandonment of your tenancy.
You may take possession of your items from the storage facility. I have taken the liberty to prepay ___ months of the storage but after this, the payment is up to you. The facility currently has the key.
Now, she may also make an argument that she DID NOT ABANDON the property. However, she would have to file a suit to get back, and this is unlikely. The whole matter becomes very subjective. By these actions, one shows that they took all the reasonable actions to ensure that she would not be "harmed" in any way, and this minimizes one's liability.
I hope this helps and clarifies. Good luck.
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