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  #11 (permalink)  
Old 07-12-2013, 04:35 PM
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Why would you even be thinking about moving your adult daughter back into the house while this very angry woman is still there? (I'm assuming that the daughter is not also this woman's daughter). That sounds like adding gasoline to a fire. Treat her as a tenant, go through the procedures necessary to evict a tenant in your province, and then think about who will move into the house once she is gone.


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Originally Posted by auroradiem View Post
Slughead 10 how do I treat her as essentially a boarder if she is the only one currently living in the house? (That was the thought process behind moving my daughter back into the house.)
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  #12 (permalink)  
Old 07-12-2013, 05:07 PM
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She is not your wife, you are not married, it is not a maritial home, she is not co-owner, she has no financial claim to the home.

She is living there alone, and not paying rent. How many times do you have to be told this? Evict her.

In writing, by registered mail, inform her that she owes you 8 months rent and you are in the process of eviction so that you may take possession of the property for your own use. You MUST do this, give her clear notice, as the first step in any legal process.

Once you have made this first step, go to a paralegal that deal with landlord tenant issues - since you have no exerience with this yourself - and pay $100 or so to get the forms filled out and the process started.

If she has a lick of sense she will start packing and looking for a new place. If she doesn't have a lick of sense, she will be out on the street as soon as you can get a court order into the hands of the Sherriff.

Just do it.
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  #13 (permalink)  
Old 07-12-2013, 05:19 PM
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It was my daughter's idea to move into the house. I am looking at the eviction process now Mess. I am trying to determine whether I need to start from scratch as my previous notification wasn't an "official" eviction notice. I was hoping to get her out of the house before sixty days from Aug 1st but that's probably not going to be an option. I am not sure that the 8 months back rent option will fly as I never required her to pay anything on the house. I did not want to inadvertently set up a "tenant" situation with her. It seems that it's a "tenant" situation in any case.
Thanks for the advice. I will be looking for a paralegal on Monday.
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  #14 (permalink)  
Old 07-13-2013, 12:36 PM
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I think what people are saying is move back into the house, and then treat her as a boarder. You can get her out faster that way. It's your house. Your 15 year old son is with you? Is she not paying child support to you?

Leave your adult daughter out of it. You said you want the house for yourself and your son before he starts school.
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  #15 (permalink)  
Old 07-13-2013, 01:37 PM
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I stand corrected on the issue of notifying her that she owes you rent. This would become a tenant contract. That isn't necessarily a bad thing; you would then have a fairly clear legal path to have her evicted on those grounds. There are more resources and skilled paralegals dealing with tenancy than with squatters, however the tenant eviction process can take months.

If she is not a tenant, then she is a squatter. There is surprisingly little information about evicting a squatter in Ontario.

What I have been able to find out is that the police will not act without a court order. It is a civil matter, not a family court matter. I strongly advise you to stay out of family court on this. The process will take longer and be far more expensive, and you may not be represented by a paralegal, you will need a lawyer.

Absolutely the first step you need to take is to issue her with a notice of trespass. Here is a link to draft Notice of Trespass form you can use as a template. http://www.eaba.ca/index.php?option=...download&gid=5

If you do not give proper legal notice, you can't get anything through the courts. You have to be able to show that you took proper steps to get the person out of your premises. For the most secure delivery, send it by process server and get an affidavit of service. Otherwise, use a courier if you know she will be home at certain hours, or Canada Post registered mail. You can send by Canada Post and indicate that signature is not required, this will USUALLY be acceptable as special service, but double check with a lawyer or paralegal.

My second step would be to then verify with an independant witness that she is still on the premises, and then swear a complaint with a Justice of the Peace. You now have enough legal backing to get the police to remove her as a trespasser.

The police won't act without a court order. In the circumstances of squatting - not landlord/tenant - you should be able to get an order within a few days.

The longer you allow this to go on, the more you are tacitly agreeing to her residence, and the more weight she has in her defence.

I would write something like this:

Quote:
"I have informed you since (date of 8 months ago) that you are not allowed to continue living there. You have illegally changed the locks and refused to leave the premises. I feel that I have given you more than sufficient time to make other housing arrangements. You are trespassing and I am beginning legal steps to have you removed by the police. If you do not leave voluntarily I will press criminal charges."
The part I bolded is important. You should be able to show to the courts a valid reason for waiting so long to take action. By stating this you are indicating that you were trying to settle the matter out of court. Referring to having informed her 8 months ago will somewhat cover you if you don't have anything in writing from earlier dates.

With this letter you attach the formal notice of trespass form I llnked to. You must be able to show that you have taken proper steps to notify her.

This is the minimum, if you get advice to take other steps, by all means do so.
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  #16 (permalink)  
Old 07-13-2013, 05:36 PM
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When I left I told her that I would not kick her out of the house immediately. I explained that she had an opportunity to find work (she hasn't worked in a long time). That it gave her an opportunity to pay down some of her credit cards as well. Since then she has threatened suicide, had herself admitted to hospital for 72 hrs, and is claiming she is unable to go to work or school because of mental health issues from the stress of the relationship break down. We have had no physical intimacy for eight years plus and have primarily living separate lives. I don't wish to be overtly cruel to her but I don't want to nurture this long term sense of dependency she has either. I have moved on to reconcile with my wife ( we separated years ago and never divorced). I have the whole weekend to think over the information you guys have provided and figure out my course of action from there. I guess I should have just bitten the bullet a while ago and had her move out shortly after I left. I was trying to give her some time to get oriented again.
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  #17 (permalink)  
Old 07-14-2013, 08:52 AM
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Standing up for yourself, not being taken advantage of and aqcuiring your own legal property is not being cruel.
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Old 07-14-2013, 09:26 AM
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Quote:
Originally Posted by auroradiem View Post
When I left I told her that I would not kick her out of the house immediately. I explained that she had an opportunity to find work (she hasn't worked in a long time). That it gave her an opportunity to pay down some of her credit cards as well. Since then she has threatened suicide, had herself admitted to hospital for 72 hrs, and is claiming she is unable to go to work or school because of mental health issues from the stress of the relationship break down. We have had no physical intimacy for eight years plus and have primarily living separate lives. I don't wish to be overtly cruel to her but I don't want to nurture this long term sense of dependency she has either. I have moved on to reconcile with my wife ( we separated years ago and never divorced). I have the whole weekend to think over the information you guys have provided and figure out my course of action from there. I guess I should have just bitten the bullet a while ago and had her move out shortly after I left. I was trying to give her some time to get oriented again.
You have been overly generous with her regarding the time to get back on her feet. I would have only given a month or two at the most.
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  #19 (permalink)  
Old 07-17-2013, 12:34 PM
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OK so she was given a notice to move and a reminder. She decided to empty the house out. I want to go over and change the locks yet AGAIN, and post the notice of trespass. It appears she still has some of her stuff there, any ideas how the police is likely to react to that? If i do decide to go that route should I message her and tell her to bring a police escort to remove the remainder of her belongings as she will no longer be allowed on the property?
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  #20 (permalink)  
Old 07-17-2013, 03:05 PM
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If this were me....

Photograph her belongings before you have disturbed them in any way to protect yourself.

Pack them in boxes. Make them available in a relatively safe location, say beside the house, but not in the house. Do not imply that she has permission to enter the house if you are also giving notice of tresspass.

Contact her and state that she has 30 days to pick up her boxed belongings from beside the house, or you will consider them abandoned. Don't threaten to throw them out, just say that you will consider them abandoned.

If you threaten to throw them out, you are just giving her reason to feel victimized, etc. and she becomes passive-aggressive, will let them sit, and then call the police when you throw them out, etc.

Let them sit for as long as you care to, when months pass, double check with a lawyer (free consultation from the law society will suffice) to make sure you can dispose of them.
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