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Yolanda
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| Joined: | Wed Mar 1st, 2006 |
| Location: | Texas USA |
| Posts: | 293 |
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Posted: Sat Jun 21st, 2008 02:37 pm |
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| I agree with LL Laura. You need to legally pursue this complicated situation; however, I was thinking of another take on this. The legal owner can send her a notice to vacate the premises and give her 30 or 60 days to find another house. On that same letter, state If she does not move out, she will begin paying so much rent per month. If she does not pay the rent, the owner can proceed with eviction. You can send her a letter stating you will no longer pay the rent and utilities and give her notice also. The complicated thing here is that she has been living rent free, and I do not know the laws or procedure. If it is not legally noted on the divorce decree, I do not see why this cannot be done with notice by the owner. Look in the phone book and call a real estate attorney that will give you your first consult for free and ask about the legality of it. Good luck to you and keep us posted!
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LandlordLaura
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| Joined: | Mon Aug 21st, 2006 |
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| Posts: | 1117 |
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Posted: Tue Jun 17th, 2008 02:32 pm |
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If there never was any type of Lease involved and the matter is a family matter, this may not legally be a Landlord Tenant situatiion or involve Landlord Tenant Laws. Your family will need to clarify with someone who can properly advise your family based on the Trust and the specifics of the situation...
It would be best for your family to speak with an experienced Landlord Tenant Attorney to guide them thorugh an eviction process, if necessary. The property owner (as designated by the Trust) is probably the only one who can legally terminate a "tenancy" and it is unclear as to whether your ex-wife and son would be considered tenants in this situation...
Good luck with your situation and keep us posted as to how things go for you...
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johnnyrent
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| Joined: | Mon Jun 16th, 2008 |
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Posted: Tue Jun 17th, 2008 02:04 pm |
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The house is titled in the name of my family's trust. For example it is on the deed as 'The Smith Family Trust'.
Her name was never on the deed or any of the finance or mortgage documents. It was my father and grandmothers before I got married and then they put it in the family trust along with our other real estate
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LandlordLaura
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| Joined: | Mon Aug 21st, 2006 |
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Posted: Mon Jun 16th, 2008 11:02 pm |
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Who actually owns the house and is on the title of the property?
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johnnyrent
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| Joined: | Mon Jun 16th, 2008 |
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Posted: Mon Jun 16th, 2008 05:06 pm |
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OK, This is one for the record books and a really nasty and messy one. My ex-wife and son live in my family home. Our divorce decree did not order it, I chose it to keep a roof over my son's head, and a familar home where he was comfortable.
My father and grandmother no longer want the ex in the family home. It is for the benefit of my sister and me upon grandmother's and father's deaths.
I have been paying all of the utilities and expenses related to the house, she has paid nothing. (again not ordered my choice at one time) She does not work and it is suspected she has a 'friend' who either lives there with her or frequents the residence several times a week.
Since there is no written lease stating the amount of monthly rents and when they are due HOW in the world do I phrase the notice to quit or Notice to Vacate so it will all be legal and not come back on me?
I have not seen an issue like this on the message boards or in the forum or anywhere as a matter of fact.
Any suggestions/advice would be greatly appreciated. I know when I do this I will have to go to family court as well so I will be in 2 courts because my father and grandmother want to move back into their own home.
Shows you it does not always pay to be the nice guy.....but I knew at all times where my son lived, the neighborhood, schools, families, etc. with the unemployed exwife he may end up in a rat infected slum lords dump. PLEASE help if you can.
This is in Oklahoma by the way. NOTHING in the LL Tenant Act, State Statutes, Real Estate Law, ANYTHING legal that could help me. Have not even found an attorney who will advise for less than $1,000.00......if I had that I would have the attorney go ahead and do it or would have hired a property management company.
Last edited on Mon Jun 16th, 2008 05:12 pm by johnnyrent
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