Eviction / COVID Question / Help (1 Viewer)

Waymer

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So long story short.

A family member and her family have lived rent free in a home that my family owns. There is no formal agreement since no rent is exchanged.

It has been rent free for +/- 18 months. At that time, we gave them notice they would have to move out come March 31, 2021 (originally we had said December 31, 2020 but didn't want to make them move during Christmas).

Long story short, they informed us today that they are refusing to move out of the house.

So what are my family's options? Initially I thought we couldn't kick them out because of Covid/Eviction rules, but it appears maybe March 31 we could regardless? And even then there is a process (this is in Florida): https://www.trls.org/what-florida-r... Moratorium stops,tenant until MARCH 31, 2021.

Likewise someone told me that since we have no lease and we own the house, we could just flat out change the locks and put their stuff at the curb.

Now all this being said, we don't want to be a bad guy. We've even offered to put them up in a hotel for a bit until they find a place. But the crux of the issue is that we do have a person scheduled to move in April 2nd.

Any thoughts?
 

jasonsw

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A couple people the past have wanted to rent out the 12×10 we lived in while waiting for house to be built. The wife and I have always Said no. Hard to get rid of a person once they set up shop. In Texas there is even squatters rights and they gave to be given legal notice.
 

tomwaits

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I was listening to a podcast the other day where a lady was the landlord of a small building and she said that she had difficulty in getting people out who were not paying and she eventually resorted to paying them to leave. With Covid restrictions on eviction, she said she was not renting the units after people had left because of the difficulties in getting people out who could not pay. She said it was better to leave the unit empty.
 

jasonsw

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I was listening to a podcast the other day where a lady was the landlord of a small building and she said that she had difficulty in getting people out who were not paying and she eventually resorted to paying them to leave. With Covid restrictions on eviction, she said she was not renting the units after people had left because of the difficulties in getting people out who could not pay. She said it was better to leave the unit empty.
I understand that the laws were probably made to protect so called good tenants, but there comes a point as that situation you described where it does great harm to the person/landlord who has a lot invested in property. Lack of rent pay makes it hard for landlord to service property, pay taxes and what ever else needs to be taken care of
 

tomwaits

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I understand that the laws were probably made to protect so called good tenants, but there comes a point as that situation you described where it does great harm to the person/landlord who has a lot invested in property. Lack of rent pay makes it hard for landlord to service property, pay taxes and what ever else needs to be taken care of

She was saying that tenants don't have to show they don't have the ability to pay to get eviction protection. Any tenant can just not pay and you can't do anything.
For her units, she also paid electric and water for tenants, so she still had to pay that and was getting nothing from tenants.
 

jasonsw

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She was saying that tenants don't have to show they don't have the ability to pay to get eviction protection. Any tenant can just not pay and you can't do anything.
For her units, she also paid electric and water for tenants, so she still had to pay that and was getting nothing from tenants.
Im even more stunned. Seems that being a small business landlord is a very risky business. Especially if your doing a mortgage on it.

I remember my grandparents were owners of several houses back in 80s to early 90s. Those were different times then
 

tomwaits

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Im even more stunned. Seems that being a small business landlord is a very risky business. Especially if your doing a mortgage on it.

I remember my grandparents were owners of several houses back in 80s to early 90s. Those were different times then

I don't remember the statistics they mentioned on the show exactly, but for small buildings, I think they said the majority of landlords were small business type. Overall, I think it was 30 - 40% were small business landlords.
 
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Waymer

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Well, our lawyer gave the notice to the process server to deliver. So they'll be notified today or in the next day or so and then have time to leave and/or contest it in court. We'll see about the end of next month where things stand.

Some valuable lessons learned. One thing I thought about in this scenario is it is very easy to sit back and say everything in the world is negative and people suck and why does no one do good deeds or why aren't more done, etc, etc. But then you find yourself in the middle of a situation where you legitimately made a great effort to help a family (and family member) with an agreed upon understanding, and then you get down the road and they give you a big middle finger and legitimately say we don't care about our agreement, don't care about your future plans for the house you graciously let us live in, and all that jazz. Heck, I learned during this process if I had let them stay 7 years (and they weren't even close to that), that yes, squatter's rights could have potentially prevented my family from having our own home. So you know what? I understand why some people say screw it.

As a dad of 16 month old twin boys, I don't want them to lose that sense of innocence in the world and willingness to help out those in need. But obviously even I've learned that sometimes the only help you can give is tough love, or else you jeopardize your own well-being and that of your family. It's a shame, but I get it.
 

jasonsw

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Well, our lawyer gave the notice to the process server to deliver. So they'll be notified today or in the next day or so and then have time to leave and/or contest it in court. We'll see about the end of next month where things stand.

Some valuable lessons learned. One thing I thought about in this scenario is it is very easy to sit back and say everything in the world is negative and people suck and why does no one do good deeds or why aren't more done, etc, etc. But then you find yourself in the middle of a situation where you legitimately made a great effort to help a family (and family member) with an agreed upon understanding, and then you get down the road and they give you a big middle finger and legitimately say we don't care about our agreement, don't care about your future plans for the house you graciously let us live in, and all that jazz. Heck, I learned during this process if I had let them stay 7 years (and they weren't even close to that), that yes, squatter's rights could have potentially prevented my family from having our own home. So you know what? I understand why some people say screw it.

As a dad of 16 month old twin boys, I don't want them to lose that sense of innocence in the world and willingness to help out those in need. But obviously even I've learned that sometimes the only help you can give is tough love, or else you jeopardize your own well-being and that of your family. It's a shame, but I get it.
Sad but very true all this. The saying that no good deed goes unpunished is perhaps the truest statement ever coined.
 

buzd

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I don't remember the statistics they mentioned on the show exactly, but for small buildings, I think they said the majority of landlords were small business type. Overall, I think it was 30 - 40% were small business landlords.

30-40% is not a majority.
 

DaveXA

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Maybe he meant the show said it's a majority, but he thinks it's in the 30-40% range. I had to read it a few times, but I think that was the intent.

Or maybe a majority for small buildings and 30-40% overall. Not sure which though.
 

2009ring

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Well, our lawyer gave the notice to the process server to deliver. So they'll be notified today or in the next day or so and then have time to leave and/or contest it in court. We'll see about the end of next month where things stand.

Some valuable lessons learned. One thing I thought about in this scenario is it is very easy to sit back and say everything in the world is negative and people suck and why does no one do good deeds or why aren't more done, etc, etc. But then you find yourself in the middle of a situation where you legitimately made a great effort to help a family (and family member) with an agreed upon understanding, and then you get down the road and they give you a big middle finger and legitimately say we don't care about our agreement, don't care about your future plans for the house you graciously let us live in, and all that jazz. Heck, I learned during this process if I had let them stay 7 years (and they weren't even close to that), that yes, squatter's rights could have potentially prevented my family from having our own home. So you know what? I understand why some people say screw it.

As a dad of 16 month old twin boys, I don't want them to lose that sense of innocence in the world and willingness to help out those in need. But obviously even I've learned that sometimes the only help you can give is tough love, or else you jeopardize your own well-being and that of your family. It's a shame, but I get it.
We've been going through something similar with my SIL and her trashy husband for about the last 4 years now. Yes, 4 years.

2 years ago we got the court order for partition (since she is actually a part owner of the house) but then the day after she filed bankruptcy so it's been tied up in bankruptcy court for the past year and a half.

She has the most foul attorney in the world who has no regard for the truth whatsoever and tells lies like he will burst into flames if he is truthful.

Someday soon this will end I think but lemme tell you- it could be worse. Believe me. We're out probably 100K in attorneys fees till all is said and done.

Some people are just thieves and trash. And sometimes those people are in our family.
 

SaintInBucLand

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The only thing I worry about in this situation are the kids who will possibly end up homeless because of this.
 

jasonsw

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The only thing I worry about in this situation are the kids who will possibly end up homeless because of this.
I know bad things happen and people need a hand sometimes. But as adults to be perennially unemployed, unwilling to help yourself, failing to make enough or managing your expenses to make sure your children are taken care of and have the basics is irresponsible.

For someone through thier actions to put another person in that gut wrenching position that evicting a family will lead to children being in the street is truely an act of selfishness
 
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Waymer

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How are you just going to tell somebody that you're NOT moving out of something you don't own? No sob stories. No laundry list of excuses why it can't happen right now. Not even "please just give me a little more time"

Just flat out "nah bruh, I'm good where I'm at".

When did people get so bleep-ing stupid and entitled?
 

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