Well she’s family and that’ what happens sometimes …
September 6th, 2010 - ByPosted in
Comment posted What Is The Process I Use To Evict My Sister From My Home, Due To Non-payment Of Rent? by Misi F..
Well she’s family and that’ what happens sometimes doing business with family. Trying reasoning with her first. Be firm and specific about your demands (may be a good time to start thinking contract if you don’t already have one).
If this fails, (I’ll start selling her most priced possessions to make up for the rent because she is family) Final resort will be legal action, but you have to have a contact to prove she’s not pulling her wait or else she can easily say you agreed to charity in the first place.
Misi F. also commented
- You most likely won’t qualify for that program to avoid foreclosure without any real income or job. But as far as getting the sister out it is no different from your normal eviction. Serve her a notice to vacate due to lack of rent payments and proceed with the eviction.
- You need too evict her the same as any landlord and sooner the better as know it can take awhile and cost but have heard some courts due too non pay will actually pay person some money too leave if in foreclosure but if you are the owner you would need too pay her. It is never a good idea too rent too friends or relatives. Good luck on this.
- If she has been paying rent, then in most communities the law will consider her a tenant and give her the rights due a tenant. So, you have to give her formal notice to pay or leave (usually 3 days to pay or quit), then if she doesn’t pay, you need to go to housing court and request court authorization to start eviction proceedings. Talk with a real estate attorney if you don’t know the rules in your city/county.
You might also just talk with her and tell her how serious the situation is and that you are going to court if she doesn’t start to help out. - You evict her as anyone else, you file the paperwork and begin the eviction process. It is unlikely you will qualify for a loan modification without a job.
Recent comments by Misi F.
- What Does Pld: Notice Of Filing Commitment For Owners Policy Of Title Insurance Mean In A Foreclosure Docket?
Sounds like they have a buyer and are working on the title insurance and the committment it needs to be issued. - I Was Told That My Rental Is In Foreclosure And I Need To Find Out For Sure Where Do I Get The Information?
Your property manager is obviously not licensed because they do not know what they are talking about!!
Even if the house is in foreclosure, you still MUST legally pay the rent! You must pay until the day you move out or the day the owner no longer owns it.
You can check local court records to see if anything has been filed, but that is all you can access. The lender will not talk to you. - I Was Told That My Rental Is In Foreclosure And I Need To Find Out For Sure Where Do I Get The Information?
Legally you need to pay the rent. Your property manager needs to be in jail.
The bank that takes over your house will tell you when they have possession, at which time you stop paying rent and move out.
Being “in foreclosure” doesn’t mean much, and there is no action you need to take at this time.
You will have to ask the owners what is going on, the bank will not tell you the status, it is not any of your business. - How Long After You Stop Paying Mortgage Do They Put Your House In Foreclosure?
Average 3 to 4 months, but some people are 6 months past due. - How Long After You Stop Paying Mortgage Do They Put Your House In Foreclosure?
Usually about 6 months
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5 Responses to “Well she’s family and that’ what happens sometimes …”
February 7th, 2010 at 2:13 pm
You evict her as anyone else, you file the paperwork and begin the eviction process. It is unlikely you will qualify for a loan modification without a job.
February 7th, 2010 at 4:32 pm
If she has been paying rent, then in most communities the law will consider her a tenant and give her the rights due a tenant. So, you have to give her formal notice to pay or leave (usually 3 days to pay or quit), then if she doesn’t pay, you need to go to housing court and request court authorization to start eviction proceedings. Talk with a real estate attorney if you don’t know the rules in your city/county.
You might also just talk with her and tell her how serious the situation is and that you are going to court if she doesn’t start to help out.
February 7th, 2010 at 5:07 pm
You need too evict her the same as any landlord and sooner the better as know it can take awhile and cost but have heard some courts due too non pay will actually pay person some money too leave if in foreclosure but if you are the owner you would need too pay her. It is never a good idea too rent too friends or relatives. Good luck on this.
February 7th, 2010 at 6:47 pm
Well she’s family and that’ what happens sometimes doing business with family. Trying reasoning with her first. Be firm and specific about your demands (may be a good time to start thinking contract if you don’t already have one).
If this fails, (I’ll start selling her most priced possessions to make up for the rent because she is family) Final resort will be legal action, but you have to have a contact to prove she’s not pulling her wait or else she can easily say you agreed to charity in the first place.
February 7th, 2010 at 11:38 pm
You most likely won’t qualify for that program to avoid foreclosure without any real income or job. But as far as getting the sister out it is no different from your normal eviction. Serve her a notice to vacate due to lack of rent payments and proceed with the eviction.