Evictions and Squatters, some sobering realities...

[InfidelSerf]

A few months ago my LIS girlfriend agreed to allow her adult(28) daughter and two children (10yo&3mo) to move into our basement, after she was kicked out from her temporary residence following a move back to MO from Las Vegas.
These two have never had a peaceful past and have always had issues. However in the interest of her grandchildren's welfare she went against her initial instincts not to allow her to move in.

Since then drama and troubles have been bubbling up to the point that she has to go.  
(The girl is borderline bipolar with a nasty anger mangement problem)

The daughter has worked as a legal secretary for a number of years and is the type of person that wants to involve the courts before consulting her own conscience.  Several times during arguements her first instinct is to state she will call the cops.  Recently she has continued to threaten to take her mother's home from her, label her a drunk, and have her institutionalized.

Now the sobering reality...

The results of my research are not very comforting.  Based on the way I read the law, it's almost as if anyone could fill out a change of address form to anyones residence, once it had cleared they could knock on your door push their way in and squat in your home until the legal eviction process took place.  

Come Monday we will be consulting an attorney to find out for sure what her rights as the homeowner are.
But there wasn't a written lease.  The initial verbal agreement was simply for her to provide food and actively look for a job.

My concern at this point is for my future.  This girl is vindictive and down right evil enough that I don't trust her NOT to make false accusations toward me.  That I either touched her or her children, both of which could see me removed from my own home and threaten my right to own firearms.

I've arrange to take all my firearms to a friends house until she is gone.  But that doesn't protect me from a false accusation.  And quite frankly I feel VERY uneasy about not having a firearm in my home.

I loath the whole "Jerry Springer scene" and have prided myself on maintaining a relatively drama free life.  I never thought I would be in the middle of such a potencial powder keg.


I am curious to know what input or experience any of you have had with evictions.

Does the fact that the "tenant" is her daughter change the process?

[Art Eatman]

Unless somebody here has gone through anything similar, under Missouri law, I don't think we could really offer anything meaningful.

Yeah, lawyer up, and let us know what he says...

At home, though, I'd hold my cool to the greatest extent possible, taking refuge in a lot of "Yeah," and, "Uh-huh..." and such.  Keep a zipper on your lip.  And lock up any valuables, hide the checkbook and don't have a lot of cash on hand.

Art

[InfidelSerf]

Art said:

At home, though, I'd hold my cool to the greatest extent possible, taking refuge in a lot of "Yeah," and, "Uh-huh..." and such.  Keep a zipper on your lip.  And lock up any valuables, hide the checkbook and don't have a lot of cash on hand.

I'm already in the closed lip phase.  The upstairs can be locked off from the basement.
I am concerned about the entire contents of the garage though (her access into the basement is through the garage)
I have LOTS of valuable things in there.

I'll update after having a word with the lawyer.

While I know some specifics are state related.  I am wondering how much of an issue this can be in other areas.

I mean if you can't legally kick a person out. (The moment you want them out.. not 3 months later after God knows how much in legal expenses)  Then what's stopping the future generation of lazy punk kids from remaining at home sticking the parents with all the bills?

[Felonious Monk/Fignozzle]

Please tell me what an LIS girlfriend is?

[Guest]

Please tell me what an LIS girlfriend is?

Living In Sin ?

[Felonious Monk/Fignozzle]

Does your girlfriend agree that her daughter has to go ASAP?
If not, you've got bigger problems.

But if so, SHE must be the one who delivers the news.  Maybe a grace period of, maybe, 2-3 weeks or so, at which time she MUST have made other arrangements?

[Art Eatman]

The eviction process via legal means in many states can be lengthy, drawn-out.

Registered letters, court process, bunches of stuff for which I don't know the specifics.

Who actually owns the house?  You, or the girlfriend?  Or is it jointly owned?

Art

[brimic]

Tell er that you want her gone. If she doesn't get the hint, throw all of her belongings on the front lawn and change the locks on the door.

Come Monday we will be consulting an attorney to find out for sure what her rights as the homeowner are.

I would think that aas a homeowner you have the right to not let unwanted guests into your house, or provide free shelter to others who are adults for that matter.

BTW: I am not a lawyer

[InfidelSerf]

yes LIS is live in sin girlfriend.

The home is owned by my girlfriend (well the bank and she is the steward.. but technically the state owns everything and we just rent.  i.e. property taxes)

And yes she is in total agreement that she must go.  They have not had a good relationship since she was 14.  So she knows quite well how nasty her daughter can get.  Which is why she allowed her to move in against her better judgement.  And now regrets the decision. Hindsight being 20/20 But as stated before her concern is for the welfare of her grandchildren.

She has been told that she needs to find another place to live, and that is when she pulls the threats of taking the house from her mother and dragging her through court.

If she doesn't get the hint, throw all of her belongings on the front lawn and change the locks on the door.

From everything I have looked up... that is a big landlord no no.  You can't change the locks or cut off electricity, water, or gas.  (I can however kill the cable tv and internet.) If someone is a resident of your home you HAVE to kick them out with a court order.  At least that is what I found on the surface.  I'm hoping an attorney will shed some light on other options.


All the furniture down there is mine and the tv and computer are my girlfriends.  I could go on and on listing all the things she has done for her, including buying a tire for her car, paying her car payment several times (I started a thread concerning that POS http://www.armedpolitesociety.com/viewtopic.php?id=3484 )putting gas in her car and even buying her cigerettes!! (yeah tell me about it, my girlfriend gets an earfull from me over the enabling she keeps doing) and buying her baby: clothes/food/ and a baby bed.

I would think that as a homeowner you have the right to not let unwanted guests into your house, or provide free shelter to others who are adults for that matter.

I would have thought that too.  Like I said the realities that I'm finding are sobering.

[garyk/nm]

You might be making way too much of this. Does the daughter pay rent? Was any kind of lease signed? Does the daughter pay any of the household expenses (utilities, etc)?
If no to the above, just kick her lazy arse out the door. She has no claim of residence beyond an invitation to stay short term. This would be akin to me coming to a party at your house, getting drunk, being invited to stay the night, and then refusing to leave.
Again, just throw her out, and let her bear the brunt of legal expenses if she wishes to cause trouble.

IANAL, take it for what it's worth.

Oh, and if she does cause trouble, and you want to be really evil, counter-file to have her children placed in Grandma's custody, since mom is homeless. That ought to shut her up, real quick.

[doczinn]

Unless there's a contract specifying that she can stay in your basement, whether in exchange for monthly payments or not, I'd say she doesn't have the legal status of a rat. Put all her stuff on the lawn, change the locks, and that's that.

Worth what ya paid for it.

[Matthew Carberry]

No lease or rental agreement and no changing hands of money means no landlord/tenant relationship.  At least up here.  She's just a guest.

Boot her stuff out and lock the door.  Talk to a lawyer and get him/her on retainer.

If she wants to sue the costs and initiation will be on her.

[Mannlicher]

This is not all that difficult.  First tell the psycho to leave.  When she does not, thene step two is to call the cops, and have her removed.