I purchased this rustic cabin in Aarkansas after the Escrow Company holding the note on it foreclosed however, the persion living in the cabion has never had his name on any of the legal paperwork--his ex-girlfriend did and she was notified of the foreclosure--he has been notified by us and shown a notarized copy where we purchased the property but has thus far not even attempted to move out. He has no legal right to be there but we do not know what to do now? We have spoken to this man and each time he indicates that he intends to move by a certain time but has not done so. His ex-girlfriensd does not even live locally anymore.  What are our rights at this point? Can we call the sheriff out and have him removed? Do we have to take him to court to get him out of our cabin? What do we do now? We are already making payments on this property.
202237
Unlike some of the other people who have responded to this question, I am a practicing attorney and I actually have experience helping client with exactly this type of situation.\n\nThe exact procedures vary from state to state, so you should find a location attorney who handles eviction lawsuits.  You won't be able to call the police because this is a civil matter.  \n\nTypically you must give the person a notice to vacate, not unlike you might give to a renter at the end of a lease.  If they do not vacate, you need to file and eviction lawsuit. Eventually, you should be able to get a judgment for the possession of the property.  In most states, you would then get a writ of possession which then authorizes local law enforcement to remove the squatters from the property.
310425
It sounds as if this squatter is attempting to establish adverse possession of this property.  The rules vary from jurisdiction to jurisdiction, but if this person is living in this place scott free and the owner knows, there is a period of time of doing so after which the squatter will be declared the legal owner of the property.  The owner must involve the police and child protective services.  This will establish a paper trail that demonstrates that the owner did not just know and accept her occupancy, but actually took measures to stop it.  The owner is unlikely to get in trouble for allowing this mom and her small children to live in his home up to now.  Clearly, though, it seems that these children might be better off in foster homes until the mom can get her act together and provide a suitable home for herself and for them.  I do not believe in creating homelessness situations, but I have given you the state of the law on the topic.  Best of luck to you (and the owner).
310277
I almost can't believe what I'm reading, but ok.  I'm not sure what a qick claim deed is, but I would talk to my lawyer, because just because his name isn't on the loan doesn't mean that he will not maybe have to help you pay for the house first off, secondly, what banker in his right mind would let your husband off the hook once he's got him?  maybe email me or post what a qick claim is plz, and I can be (maybe) more helpful
56537
getting a restraining order will require proof of harassment or violence, and going to court. \n\nsince he is not on the lease, and you have asked him to leave, you have a very clear path to follow. \n\n1. Put together a written notice, signed by all residents of the apt., and add a witness just for good measure. keep a copy of it in a safe place. Give him an absolute deadline for when he must be out, with the clear stipulation that he will be removed by the police on a specific date if he does not, and charged with trespassing. if you're worried about stealing or vandalism in retaliation, make it clear to him that if such occurs, he will be charged to the fullest extent of the law.\n\n2. change the locks immediately thereafter. \n\n3. any damage or stealing that goes on in retaliation should be documented fully. (pics, witnesses.)
255000
I read the rest of your other question and you definitely need an attorney asap! Your attorney can find out who her attorney was by a click of the mouse. Your lawyer can put in an order to have EVERYTHING frozen until you guys go to probate court. It is a really long process it can take years sometimes, but he will be ordered not to do anything with any of her property or else he will have to answer to the court. Also, if he sells any property before any paperwork can be filed, your people can find it. We are going through a similar situation and the judge has seized everything from this family member and there is at least 36 million sitting in an escrow account waiting to be disbursed. They had bought houses and property for their own kids and they have tracked down every financial move she has made over the last several years. This has been in court for around 3 years now. No matter what type of property it is, probate court always takes time.
81571
First, I sure get tired of folks responding to questions as if they were text messaging you; I wonder if they can properly spell anything. Second, each state has slightly different laws regarding personal property and tenancy. I also have a feeling you left a few details out; the owner of the property where your "house" or trailer was/is sitting on, is a rented space to you (Lessee) owned by the Lessor.  You must have recieved multiple notices regarding the issue of your back lot rent, and THEN it went to Small Claims Court.  The Judge in Small Claims must have had your "paid up" receipts of record, (if you bothered to show up)or not-if not, the Lessor (owner of the property) would have won the small claims case, then she/he (Lesor)would have had an additional request, through another court, at another date later, to request seizure of your property to pay the back owed bills.***** They can only do this if they have proved you had received Notices of these actions.**** The only way they could have had the utilities turned off is if they ended up owning YOUR property in this very legal way.  Seek free legal help from your community legal program; there is pro bono in just about every city in the USA.
446445
You are right in saying that these people have a right to know the truth about this man but if it's his place than yes, he can evict you regardless of your lease or whether you pay ontime. It will help should you have to go to court over this but know that if it gets that far, as long as you can prove residency for at least thirty (30) days and you receive mail there, it will take 90 days for him to officially evict you. So you will have at least three months to find a new place. Only then will the cops come to your place and actually watch you move all your things and you leave the permisses. It can get terriably ugly so see if there isn't a way to smooth it over in the mean time. That is if you really want to stay there.
399068
I don't believe that they can evict him, AND require him to pay the balance due on the entire lease, unless the rent was listed as a total yearly amount, on which he was making installments.  I would have him contact an attorney, or Legal Aid to find out what his rights are.  He could always contact the Department of Children and Familes to see if he qualified for some subsidies, but getting the government involved can be risky too.  You have to be willing to let them into your home.
120432
To be honest, she's fortunate they have given her this long.  My bank would have already foreclosed, sold, and filed it away.  I want to help you out of the predicament, so here's what you need to do:\n\nFirst, ensure that your friend goes to her bank ASAP.  She needs to ensure they know that she is ready and willing to work with them on bringing the arrears up to date.  She should ask specifically if they are willing to stop foreclosure if she gives a concrete plan.  If so, then she needs to outline to the bank exactly how she plans on bringing it up-to-date, with specific payment dates and a specific completion date.  She should review this with you and any other people who are helping her out, to ensure that it is realistic.  This shows the bank that she's serious about resolving the situation.\n\nOnce the bank has outlined this, you and your friend have to ensure that timeline is met.  Even being one day off can upset a banker that was previously willing to work with you.  \n\nForeclosure is an expensive process, but it is worthwhile for the bank because the value of the home usually greatly exceeds the value of the loan.  After the mortgage loan is paid off, the remainder of the funds are applied to legal costs, which can be quite substantial.  Your friend will likely have to pay for any legal fees that have been incurred... but the cost of that is far outweighed by the value of keeping her house!  \n\nGood luck!
354059
I don't believe he can legally do that without a court order.  My step-father owns a couple of rental properties.  And when someone is behind on their rent even if they are really behind he has to go through all this legal garbage before he can do anything.  And even with a court order for their eviction then he has to get a sheriff to remove them from the apartment if they still aren't moved out by the date that the judge orders them too.  The whole process is long, expensive, and stressful for the landlord.  That is probably why that person's landlord is just trying to get them out by boarding up the place.  They should call the police and have them deal with it.  Good luck to your friend.
182016
She can say it, but you can contest the decision if you can prove special circumstances in regards to who is named on the lease.  If it is in your name, she is wrong.  If it is in both your names, you need to show just cause for remaining as the primary resident/leasee.  If there are children involved that is one reason.  If utilities are in your name, that is another reason.  If you have no way of moving your belongings out I believe it must be paid for by the department who is telling you to move.  You need to find a legal aid society that can assist you at low or no cost.  If you were the victim of a violent crime, then they should assist you with a restraining order against him.  This is most likely why you are being asked to move...the restraining order is in the works & the P.O. wants to get you out before it is issued.  I don't know, it sounds biased, but I don't know all the facts.  Hope this gives you some ideas.
499863
First a minor can't legally sign a contract for housing related matters. He must go to court and so does his parents if that is what the paper stated. If they don't appear before the court then a warrant will be issued for their arrest. Why is it that your friend rented a place while his parents was away and didn't pay the rent? What was his causes for not paying the rent? Did your friend do any damage to the property? If so since he is a minor his parents will have to pay for it. Did your friend enter a yearly contract and not stick with it? Did your friend lie about his age when renting the place? All those things play into it. I suggest he fess up to his parents if they don't already know. Go to court!  Please note, since your friend is a minor he can't be sued actually it will be his parents who will get sued on his behalf.
317837
You are supposed to not work and hang out in your states Legislature on a daily basis, As most attorneys do not even know the whole law and revisions......Remember my post about the mustang in the living room, The restraining order was from Broward County (Ft Lauderdale) My 2 attorneys didnt even know that they had recently been revised to Statewide!!!! I was Looking at Up to Life for that One,Burgulary of an occupied dwelling using a vehicle as an instrumantallity to commit Burgulary!!! MY OWN HOUSE!!!! Or our 2nd home!!! Since my marriage with my X_WIFE Ive been in more stupid trouble!!!!And Ive never laid a hand on her....Someone in her past did and I got the rath!!!!GOOD LUCK........NJ and NY Have driving w cellphone laws
21332
Assuming your evicting the non-paying tenants through the court system! When you have finished the eviction process, there is a default judgement recorded in your county. The credit reporting agencies obtain this information, at least once a week, and thus it appears on their credit report, as an unlawful detainer action. If you ever see this on a prospective tenants report....don't even consider renting to this person, as he did not value himself enough, and took the risk of subjecting his credit report so negatively....It also shows that this person coct the landlord allot of hassels, and costs of legally evicting this person through the court system....and to make matters worse they probably damaged and left your property a mess on their way out.
544575
Hi there and welcome to texas. my mom has been an apt. manager here in Mesquite, Texas for 21 yrs. I tried to call her and she is out getting things to decorate her tree. She suggested that you call the Texas Housing Authority. Now, while this is actually an organization to help low income families obtain housing they will be very informative on the things you need to know and will be happy to answer your questions. Explain to them your situation and they will direct you and let you know what is legal. Your lease may be null and void now. I tried to find a number for you and there are many different lines for different things. Go to www.texashousingauthority.com and click the link that looks best for you. Good Luck and Happy Holidays!
586988
The first consideration is that this man has a broken door and no security for his home.  He should contact the city attorney's office and file a complaint to have his door repaired immediately.   He should also DEMAND, via certified mail, that the landlord fix the door.   \n\nNext, he should determine whether the eviction notice has actually been filed with the court (often, landlords will issue an eviction notice to intimidate tenants without any intent to follow through with the court).  If it has been filed, then he MUST, by law, receive a copy of the complaint from the court.  When he does, he can file an answer with the court.  The answer basically states that the allegations in the complaint are untrue and he wants to appear in court to state his side of the story.  The court will give him a date to appear in court.  He can base his defense on the fact that the landlord has breached his implied covenant of "Quiet Enjoyment" and the implied "Warranty of Habitability" by failing to immediately repair his door; and, for "Harassment" by attempting to evict him for the actions of others.  He should bring copies of the original police report, his complaint to the city attorney's office. his certified letter to the landlord and a statement about the blown transformer from the utility company.  Hopefully this was an isolated event and he is not known to have fired a gun in the past; and he is not behind in his rental payments; or an otherwise troublesome tenant.  He should not pay his rent until after the court proceedings have ended.  If the landlord accepts rent from him, the court filing is negated and they will have to refile.  He should, instead, hold his rental payment in escrow until there is a judgement issued by the court.  The landlord's complaint will probably be based on he "Undesireable Clause" in the lease.  This clause is usually used to evict drug dealers and people who damage the property or constantly disturb their neighbors.\n\nHe should win the case and have his door repaired.  And be restored to his normal, peaceful life.
411377
what documentation do those turkeys have saying it has to stay?\nthey would have to give you a permit to demolish it, but say something terrible happened, like the house caught on fire, than what could they do?\nHow does the town supervisor know the terms of your sales contract?