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My son purchased a trailer. He got a personal loan for most…

My son purchased a...

My son purchased a trailer. He got a personal loan for most of the price and his then girlfriend at the time father decided to put up the rest $1500 in his words” so his daughter could have a safe place to stay and he was allowed to stay there also while he and her were a couple. Now her and my son broke up but her father is still living there. Everything is in my sons name. The father has always refused to abide by the request of my son with no smoking in the house which is effecting my sons asthma and cleaning up after himself (picking up his clothes, washing dishes, cleaning anything, not even maintaining his own hygiene) being asked countless times. This man is also having a drug dealing friend come by when my son is not home. My son also has a message saved on his phone from the ex threatening him if he makes her father leave. My son has had enough and told him he needs to go. The man refuses and told him that the only way for him to go is that my son needs to buy him out. There was no contract about the $1500. No agreement on having to pay the money back. What can my son do to get this man out of his house. He lives in Browns Mills, NJ.

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He talked with the Manager at Bellair Park about the situation and they told him he would probably have to do a 30 day eviction notice since he is the owner of the trailer. Or even call the cops and change the locks.

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Answered in 5 minutes by:
11/21/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,319
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 3 months ago
Sure go ahead.

Great, thank you! Bear with me a moment while I review…

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Thank you so much for your patience. I'm sorry to hear about your situation. Is the father's name also on the title to the trailer?

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Customer reply replied 3 months ago
No it is not. Nothing is in his name. All bills associated with the trailer are in my sons name. Cable, electric, land rental and gas.

Then your son may want to proceed with an eviction of him from the trailer. The reason I say this is because if he was not on the title, then he is not an owner of the property. If he is staying on the property and paid $1,500 for the right to stay on the property, then he is basically a tenant. T his means that your son could issue him an eviction notice to have him removed. In any event, this appears to have been a gift of $1,500 instead of the father purchasing an interests in the property. In the best case scenario, your son will be able to have him leave with an eviction notice. In the worst case scenario, your son will have to sue him to have him removed from the property by going to a local county court and filing a suit for what's called unlawful (sometimes forcible) detainer. If he wins, then he can get the sheriff or the state police to have him removed from the property forcibly. What other questions did you have for me?

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Customer reply replied 3 months ago
Does it have to be a 30 day notice? Can he do one of the quicker eviction notices?

Because there is no specific agreement, then the law will likely consider this a month to month agreement, meaning that your son should provide a thirty day written notice. If you go to www.legalzoom.com or rocketlawyer.com, then you can usually find good eviction notices for like $20 that are state compliant. Any other questions for me?

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Customer reply replied 3 months ago
One more thing should he state all that is happening as for the eviction reason in the notice.

My recommendation is no. He should simply state that becuse this is a month to month agreement, that he is just ending the eviction agreement. Anything else could end up being used against him in court. If the father raises a stink about it, then he should probably just say that the $ was either a) a gift or b) was rent, but that there's no agreement that he can use to prove that he purchased an interest in the property. Did you have any other questions?

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Customer reply replied 3 months ago
Does the notice need to be notarized

No, it doesn't need to be notarized.

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Customer reply replied 3 months ago
Ok. Thank you for all your help and advice.

The pleasure is all mine! There’s just a few other things I’d like you to know before we wrap up this conversation:

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