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  #21 (permalink)  
Old 07-24-2013, 10:19 AM
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If the home has a garage or a shed, place them in there.

Alternate method (especially if you don't want her nosing around the house)

Move the items into storage for 30-90 days. Indicate to her that you have done so and request she make arrangements for pickup within that period.
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Old 07-24-2013, 10:58 AM
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Quote:
Originally Posted by Mess View Post

Getting her evicted requires going through the Sherrif's office, and it can take months. You can save money by using a paralegal for this issue.
Not true - you can have her move out in 30 days if you are moving into the property yourself. Happened to tenants in a house I rented. The owner decided to move into the apartment in the house and evicted them in 30 days. They had no recourse.
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Can a tenant be evicted if the landlord wants to use the unit themselves?
Yes, a tenant can be evicted if a landlord "in good faith" requires the unit for:
  • their own use,
  • the use of an immediate family member, or
  • the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex.
Once the landlord gives the tenant a notice terminating the tenancy for this reason, they can apply to the Board for an order evicting the tenant. However, a tenant can only be evicted at the end of their tenancy and only if the Board issues an eviction order.
Since you have no lease the rental would be month to month - so 30 days notice.

Last edited by HappyMomma; 07-24-2013 at 11:04 AM.
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Old 07-29-2013, 04:06 PM
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So I am giving her until the end of the month to complete her packing.
Does she have the right to remove the furnishings in the house w/o notice to me? She seems to have taken part of one of my daughters' dining room set.
If I call the police to report the household furnishings missing how do you think that will reflect in court? Will the police even get involved..I have receipts for the items the account was in both of our names. I have proof that I was the only one making payment on them however. I am not adverse to her keeping some of the items but I am baffled and irritated that she believes she can take it all (she says that her lawyer told her that I abandoned the items in my house and she has full rights to all of the contents). That doesn't sound right to me. I am working on getting a lawyer but it will take some time to come up with a retainer.
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Old 07-29-2013, 04:14 PM
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My personal experience was that police will do nothing unless you actually saw the person (you are accusing of theft) remove the items.

Frustrating situation to be in. My ex took things in the middle of the night when I was away and forgot to activate alarm system. My son could identify items in ex's new place but police would do nothing. You would probably get the response "talk to your divorce lawyer."
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Old 07-29-2013, 05:56 PM
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Is it possible that a lawyer in their right mind would tell her that I abandoned the items and she has full entitlement to them? How do you think the courts are going to perceive her emptying out the house?
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Old 07-29-2013, 08:05 PM
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If you continued to pay the mortgage and the utilities, I don't see how you could be considered to have abandoned the house. Don't believe anything your ex tells you his or her lawyer said, especially if s/he knows you don't yet have a lawyer of your own.

If she removes items which you consider to be yours or to belong to both of you, do you want the items back, or do you want her to pay for them? Once she has packed and left at the end of the month, and you have a good idea of what she has taken, send her an email saying that you would like compensation for these particular things, so it's clear you aren't tacitly agreeing that she can take them. Then draw up an itemized list with the value of each item (determined by looking at kijiji or craigslist or something similar to see what such an item would sell for), and make what you consider to be a reasonable offer to her for the amount you believe she ought to pay you for it (the full cost of the item in the case of items you alone purchased; half the cost for items you purchased jointly). Have your lawyer present this to her lawyer. If the total value of the items is less than a few hundred dollars, this may cost you more in lawyer fees than any money you would recover, unless these items form part of a broader process of equalization.

I really wouldn't bother with the police - they won't want to get involved in what will appear to them to be a he said/she said situation.
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Old 07-29-2013, 08:09 PM
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Quote:
Originally Posted by auroradiem View Post
Is it possible that a lawyer in their right mind would tell her that I abandoned the items and she has full entitlement to them? How do you think the courts are going to perceive her emptying out the house?
Do you really think that squabbling over furniture will make it to court?

Yes some lawyers love to tell their clients what they want to hear - doesn't have to be good advice at all. If you have equity in your house or money in the bank that is all many care about - how they are going to be paid.

If you keep the fight going and argue over petty things then the lawyers are going to be very very happy. Cost of having a lawyer represent you in court will probably exceed the value of your daughter's bedroom suite.

I'd set a goal (get woman out of your house) and stay focused on that. It almost sounds as though you are getting a bit sidetracked. Good defensive strategy on her part.
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Old 07-29-2013, 08:38 PM
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She has been advised that I will be coming in to do the necessary repairs on the 31st. My daughter was out of country for a couple of years. The major issue I have is that she has taken my adult daughter's furniture that was being stored in the house and that some of the furniture is not yet paid for. My primary focus is still to get her out of the house on the 31st.
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  #29 (permalink)  
Old 07-29-2013, 08:51 PM
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Must be expensive furniture if it has taken years to pay for it.

Operative word here is "adult" daughter. Perhaps you have to leave that fight alone and let your daughter sort it out with her mother (assuming of course that the 'adult' daughter is paying for the furniture).

Depending upon the whole cost of everything, and considering cost of mediocre lawyer, you would know if it's worth pursuing. If you took your ex to small claims court and got a judgment/order for her to pay, do you think it is worth your time and/or will you ever receive a dime?

I'd just get her out of the house. You very well might have to eat the cost of the furniture and look at it as an expensive lesson to be learned. I'd hazard a guess that the only worthwhile trip to the courthouse would be to get an eviction order. You can do that yourself. I do not know the cost of that but there are other people on this forum who seem to have experience with that. I believe you can get an order for the Sheriff to seize her property in lieu of money owed to you. Maybe check out your local rules of court concerning landlord/tenant act.
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Old 07-29-2013, 08:52 PM
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Must be expensive furniture if it has taken years to pay for it.

Operative word here is "adult" daughter. Perhaps you have to leave that fight alone and let your daughter sort it out with her mother (assuming of course that the 'adult' daughter is paying for the furniture).

Depending upon the whole cost of everything, and considering cost of mediocre lawyer, you would know if it's worth pursuing. If you took your ex to small claims court and got a judgment/order for her to pay, do you think it is worth your time and/or will you ever receive a dime?

I'd just get her out of the house. You very well might have to eat the cost of the furniture and look at it as an expensive lesson to be learned. I'd hazard a guess that the only worthwhile trip to the courthouse would be to get an eviction order. You can do that yourself. I do not know the cost of that but there are other people on this forum who seem to have experience with that. I believe you can get an order for the Sheriff to seize her property in lieu of money owed to you. Maybe check out your local rules of court concerning landlord/tenant act.
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