removal of person from home

Status
Not open for further replies.
S

standing on the sidelines

New member
K the guy (who isn't paying and bills and is not legally entitled to stay) gets a letter from the lawyer saying he has 35 days from the date on the letter to get out or legal action will be taken. He is suppose to be out this Friday if not then what happens then?

I am going there to check on the property and to make sure the dog and cat are okay on Sat. morning. If he is still there can I call the police and have him removed?
 
blinkandimgone said:
I think it depends on your relationship with the person.
Click to expand...

I am part owner of the place. My mom has had issues with him and cannot go near the place until he is gone. The letter was sent by her lawyer. I am just worried as the animals need to be let out and fed and plus want to make sure there is nothing missing or taps left on etc.
 
Ok so, not related to him at all, but if I recall this is the guy she left which changes the situation a bit I think.

You could call the police and ask them what your ruights are at this point. I am not sure how much of the landlord tenanct act applies to someone who isn't a paying tenant, but it is possible to evict a tenant if the owner or someone in their family wants to move in so you could try that route too. I'd call the police first and inquire.
 
blinkandimgone said:
Ok so, not related to him at all, but if I recall this is the guy she left which changes the situation a bit I think.

You could call the police and ask them what your ruights are at this point. I am not sure how much of the landlord tenanct act applies to someone who isn't a paying tenant, but it is possible to evict a tenant if the owner or someone in their family wants to move in so you could try that route too. I'd call the police first and inquire.
Click to expand...

lawyer has already said he isn't entitled to stay as he has no rights or legal entitlement to the home. I also talked to a person who actually teaches the landlord and tenant act and he said it isn't covered under that at all.

Looks like I need to fill out change of address cards;)
 
Question, is this yours or your mothers home that he is staying at? If so then when "moving day" commences if he is not gone call the police, change the locks call animal control on the pets and assess the place/ damage. Take dated pictures of everything as well.
 
mama2bee said:
Question, is this yours or your mothers home that he is staying at? If so then when "moving day" commences if he is not gone call the police, change the locks call animal control on the pets and assess the place/ damage. Take dated pictures of everything as well.
Click to expand...

actually it belongs legally to both my mother and myself. When I go there on Sat I am taking the paper that shows I am legal half owner and the letter from the lawyer showing he had notice to get out.
 
If he causes ANY issue don't waste a moment arguing just call the police they will make him leave and be ready to change the locks if need be. If you take pictures the day of the move out any damage or anything can be documented and claimed but if they do not have a date on them they won't stand up for anything.
ALSO if he is crazy and breaks back in, any damage he may do will be fully off your hands if you have the keys back/ lock changed and also if you have to involve the police. Will just cover yours and your moms behinds in a worst case scenario.
 
standing on the sidelines said:
I am part owner of the place. My mom has had issues with him and cannot go near the place until he is gone. The letter was sent by her lawyer. I am just worried as the animals need to be let out and fed and plus want to make sure there is nothing missing or taps left on etc.
Click to expand...

You say 'issues' what is 'issues'? I'd be very careful in anything you do with attempting to 'man handle' him or the police maybe taking someone away and it just might not be him. Was there a relationship, now gone sour so someone is mad now throwing him out? How long was he living there? Lawyers will give lots of opinions, the only one that matters is a Judge. The person that teaches land/lord tenant stuff, I would take his opinion over any lawyers.

I would make sure that one, you do have a right to evict him, second, I would make sure you've done all those steps to cover your butts. I am no lawyer but to me, one letter...maybe not enough.
 
I think if he was asked in a letter from a lawyer to leave that that is not enough to force him out. I think if he can prove he LIVES there, that you need a COURT ORDER to have him removed from the premises.... I'd look into it further before going there and perhaps making things even sticker or harder to get him removed.
Actually, if a lawyer wrote that letter up and sent it to him, why don't you just give the lawyers office a quick call and ask if that letter itself is sufficent enough to have him removed if he has already not yet left. (A lot of times a lawyer will send a person a letter to show the person is serious about the matter and put a flame under their butt but the letter really doesn't mean much unless it becomes a court order)
Good luck and I hope the kitty and puppy are ok.
.....do let us know how it goes
 
I can't see why the RTA doesn't apply here. You have no relationship to him, and he has been given written notice. Question is, does the notice follow the RTA? I think it says 60 days notice. Your mom (his "partner") does not live there anymore, and he has not paid rent. I think you have grounds here... It might not be cut and dry, but the fact is that you are losing income (rent) since he is not paying and you have the rights to evict him, if you follow proper proceedure.

I suggest you call a community legal clinic. You can get free (and good) advice. They are well versed in the RTA as well.
 
thanks for the advice.

I am really worried about the dog, She is very timid and scared of men and he is not the nicest person to animals. When he had his own house he left the poor thing out in the rain on a weekend with no shelter. At least it was summertime and a neighbour was watching so they called my mom who went to pick the dog up. The dog had no food and no water. He was off drinking all weekend.

I will contact the lawyer and maybe the police to see what they say. If the police back me up on it and say that he has to leave maybe it would be a good idea to have an officer there when I go??
 
the police can't evict someone without an eviction notice. Even then they don't want to get involved.

Did you call a community legal clinic? It's FREE!
 
That can't be entirely true can it? I mean, if someone is in your house that you own and they have no rights to, don't have any kind of rental agreement or landlord / tenant relationship of any kind, and is not wanted there, the police have to have some kind of control over having the person removed. That's like having a house guest for a few days who just stays and stays and stays even when asked to leave and saying they have a right to be there because there's no eviction notice. Wouldn't the person have to prove they had a right to be there?? That's crazy!
 
blinkandimgone said:
That can't be entirely true can it? I mean, if someone is in your house that you own and they have no rights to, don't have any kind of rental agreement or landlord / tenant relationship of any kind, and is not wanted there, the police have to have some kind of control over having the person removed. That's like having a house guest for a few days who just stays and stays and stays even when asked to leave and saying they have a right to be there because there's no eviction notice. Wouldn't the person have to prove they had a right to be there?? That's crazy!
Click to expand...

I know it is nuts, but this guy knows how to use the system to his own advantage. My mom is paying for land lease and all the bills for the place. She has it so he can still use the phone but he cannot make long distance calls. She cut off the internet and has the cable just down to basic (boy he called and bitched about that!!) The last time with the cable it was still in my Dads name (deceased) and the guy impersonated my dad to get more stuff added to the cable. When my mom found out she had the cable company change it to her name and have a password so in order to do anything, a person has to know the password. I just want this to be over.
 
It's called trespass. You call the police, you say that a man is trespassing on your property, you have asked him to leave repeatedly, you have told him he is trespassing (this is important, called notice of trespass) and you are afraid to take further action because he might become violent.

If the guy has no legal right to be on the property then he is trespassing. It gets cloudy when he has been a resident, but you have dealt with that with an eviction order. Once the police are there if they balk due to the guy claiming he lives there or whatever, you show them the eviction order. If they still balk, get their badge numbers.

Trespass to Property Act
 
Status
Not open for further replies.
Back
Top