Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

As a homeowner, how do we get rid of a person living in our

Customer Question
As a homeowner, how do...
As a homeowner, how do we get rid of a person living in our house who is not a lodger and pays nothing for room and board and contributes nothing to the household? This person is our nephew and is 21 years old with a suspected drug habit and no gainful employment. He is narcissistic, conniving, non-conforming, manipulating and a thief. Over the years he has taken advantage of our good nature to help him choose the right path, unavailingly. He has no goals or motivation to improve his human condition and continues to demonstrate many aberrant behaviors.
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
9/22/2016
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 11,520
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

If the person is a long term house guest, the court will typically find there is a tenancy at will (that the living situation created an implied tenancy) {tenancies can be created by a lease agreement, or via implication).

As such, the house guest would be afforded the same rights as a tenant, which requires the landlord (LL) to follow the eviction process after providing sufficient notice.

Per code 66-28-512, the LL must provide 30 days notice to the tenant and if they fail to vacate, one must proceed with eviction.

Code 66-7-109 does allow for 14 days notice under limited circumstances:

(1) Tenant neglect or refusal to pay rent that is due and is in arrears, upon demand;

(2) Damage beyond normal wear and tear to the premises by the tenant, members of the household, or guests; or

(3) The tenant or any other person on the premises with the tenant's consent willfully or intentionally commits a violent act or behaves in a manner which constitutes or threatens to be a real and present danger to the health, safety or welfare of the life or property of other tenants, the landlord, the landlord's representatives or other persons on the premises.

I am sorry you are having to deal with this; unfortunately it is not uncommon when a house guest overstays.

Here is information on tenant's rights

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars *****

as I strive to provide my customers with great service.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

Ask Your Own Real Estate Law Question
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 11,520
11,520 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My client is being sued by his Homeowner association and
My client is being sued by his Homeowner association and want him to sign a document that will authorized foreclosure. The Annual fees of the association are $250 and they are suing him for $5,000+ He… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
Can a homeowners association deny a homeowner's application
Can a homeowners association deny a homeowner's application to plant trees within his property borders because it has a drainage easement where the trees will be planted? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is it correct that if a homeowner is selling his/her home to
Is it correct that if a homeowner is selling his/her home to avoid bankruptcy in a situation when bankruptcy is otherwise imminent, a pending civil lawsuit against that homeowner could tie the hands o… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Two people purchase a house titled in joint tenancy. The two
Two people purchase a house titled in joint tenancy. The two people both sign as borrowers on the loan. However only one person makes a big down payment to secure the loan. The other person who can't … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
How do tenants of a tenancy in common protect themselves
How do tenants of a tenancy in common protect themselves from someone with minority interest?… read more
legalgems
legalgems
Arbitrator
11,520 satisfied customers
Can a homeowners' association own land? If so can a
Can a homeowners' association own land? If so can a partnership that currently owns the land transfer it to the HOA? How is it accounted for on the partnership's books? Since the HOA is not a 501(c)(3… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
A homeowner in carmel South HOA. Recently, I questioned the
I am Tom Culpepper, a homeowner in carmel South HOA. Recently, I questioned the painting of a home being against our HOA policy by addressing the Board of Directors. They advised they would review and… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an eviction problem. Florida. I handed him eviction
I handed him eviction letter on Sat, Dec. 2nd after he informed me he called an spoke with a Deputy Hillman either on Friday, Dec 1st or Sat Dec 2nd. Having said that, He did surrender his key to the property prior to that on Thurs, Nov 30th … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I need a help in writing the 30-day tenancy termination
Hello, I need a help in writing the 30-day tenancy termination notice. I am a landlord and rent out four rooms, three rooms for three men and a master bedroom for a couple of young people. One guy mov… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
If a deed is written as a Joint Tenancy with Right of
If a deed is written as a Joint Tenancy with Right of Survivorship, can one of the parties change it to another form of ownership with the consent of another? Such as change it to Tenant in Common or … read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
Can the treasury of our homeowners association invest some
Can the treasury of our homeowners association invest some of the money that the association has in CD'S or any other type of investment? … read more
socrateaser
socrateaser
1,031 satisfied customers
I live in and the community is in a homeowners association.
Good morning. I live in Virginia and the community is in a homeowners association. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How many homeowners does it take for a community of 361
How many homeowners does it take for a community of 361 homes does it take to abolish an HOA for that specific area … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
What the heck - is it possible for a homeowner to introduce
What the heck - is it possible for a homeowner to introduce a resolution at an annual meeting. Assume that there is a quorum present and the bylaws allow for a > 50% of votes represented. Can that … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A homeowner in our association, is requesting contact
A homeowner in our association, is requesting contact information for our board and all contact information for the rest of the homeowners in our association. This sounds illegal, is it? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
A supposed homeowners association and the new builders that
A supposed homeowners association and the new builders that bought 5 lots went into an agreement to maintain a private road. Since they own the road the Parrish won't help and soon garbage mail or any… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
What is the liability to a homeowners association for
What is the liability to a homeowners association for property that was dedicated to them? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Can the homeowners of a tenancy community force the dissolve
can the homeowners of a tenancy community force the dissolve of the association … read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x