advice on how to kick someone out of your house (nicely)?

[breitlings]

Perhaps most importantly to the OP, in my opinion I would give her some money to get out and on her feet and have her sign something to the effect that she doesn't live there. It can be a few lines, certainly not even a one pager. Win-Win situation.

Originally Posted by Lawman77

Seriously? The sister is a squatter, right? So now the OP must take legal recourse? Give me a break.

Squatters rights are different and not applicable to this case so it would not be an ejectment. Squatting is usually done on unimproved or in some cases abandoned improved property where you can establish ownership of the property by adverse possession but it cannot be obliged by the owner. Perhaps as an over-simplification once the owner has recognized and allows the squatter to possess the land, e.g. providing written approval or even acknowledgment to a neighbor who put their fence on your property, they are no longer able entitled to adverse possession. Since she has been invited to stay there, it is not squatting, if she establishes residency it is then an eviction.

https://en.wikipedia.org/wiki/Adverse_possession
https://www.landlordology.com/how-to...-of-squatters/
https://www.cga.ct.gov/2010/rpt/2010-R-0069.htm
https://www.csindy.com/coloradosprin...nt?oid=2802619
https://www.inman.com/2013/02/21/evi...ier-said-done/

A precursory search on google and lexis nexis shows many cases where the fact patterns are very similar and the unwanted guest is considered to have established residency.

(You guys are making me think I should go to law school and join my family of attorneys instead of getting my MBA.)

[gmh1013]

Originally Posted by 4vCoupe

Is your wife on board with kicking her out? If she is then I don’t see a problem moving forward.


Sent from my iPhone using Tapatalk

Im so afraid this going to happen to me with brother....but if your agrees then i would not waste another day......kick her ass out!

[77T]

A tough part of this is the future outcome/impact on your wife's conscience. Until she is ready to ask her sister to leave, you really should support your wife - Happy Wife, Happy Life.

Sorry you're going through this - hopefully your wife isn't feeling worse...
Balancing your shared intellect, emotion and spirit will help during these tough days.

Engaging the parents may be an option?

[Star Ferry]

Originally Posted by breitlings

(You guys are making me think I should go to law school and join my family of attorneys instead of getting my MBA.)

you can join me, I'm going to law school in the fall

[Laszlo]

Goes out for a smoke then hides in her room all day? Sounds like there might be a dependency issue, maybe? Personally, at least in our home, she would have been gone after week 4.

[Lawman77]

The freeloader has zero legal right to stay at the OP’s property.
If you want her out, show her the door.
It’s not a difficult situation from a legal standpoint. From a familial one, perhaps yes.

[breitlings]

Originally Posted by Star Ferry

you can join me, I'm going to law school in the fall

Sounds good man!

[Widows Son]

Originally Posted by Lawman77

The freeloader has zero legal right to stay at the OP’s property.
If you want her out, show her the door.
It’s not a difficult situation from a legal standpoint. From a familial one, perhaps yes.

Your advice is completely incorrect. She has established residency there. Probably gets mail there, maybe even changed the address on her driver's license. She cannot be thrown out, she has to be evicted by court order. It's a civil issue which has to be addressed by the court, and carried out by the civil division of the Sherriffs office, not the local police dept.

[Lawman77]

Originally Posted by Widows Son

Your advice is completely incorrect. She has established residency there. Probably gets mail there, maybe even changed the address on her driver's license. She cannot be thrown out, she has to be evicted by court order. It's a civil issue which has to be addressed by the court, and carried out by the civil division of the Sherriffs office, not the local police dept.

It’s fun to speculate, huh?

[breitlings]

...

[Reddy_Kilowatt]

OP, you've let her stay a year? Is there something you haven't told us?

[Gaijin]

Originally Posted by Lawman77

The freeloader has zero legal right to stay at the OP’s property.
If you want her out, show her the door.
It’s not a difficult situation from a legal standpoint. From a familial one, perhaps yes.

Oregon Revised Statutes anyway would beg to differ.

[Gaijin]

Originally Posted by Widows Son

Your advice is completely incorrect. She has established residency there. Probably gets mail there, maybe even changed the address on her driver's license. She cannot be thrown out, she has to be evicted by court order. It's a civil issue which has to be addressed by the court, and carried out by the civil division of the Sherriffs office, not the local police dept.

Spot on correct.

[Lawman77]

Originally Posted by Gaijin

Oregon Revised Statues anyway would beg to differ.

Sure. Let me know which one.
Then I can direct you to the judge who ruled in my client’s favor on a similar matter a few years ago.
Reality is no one here knows the necessary facts I just know I’ve been involved in, what seems to be, a similar matter and the “roomie” was shown the door, the “roomie” lawyered up, sought damages, and they lost.

[breitlings]

Originally Posted by Lawman77

Sure. Let me know which one.
Then I can direct you to the judge who ruled in my client’s favor on a similar matter a few years ago.
Reality is no one here knows the necessary facts I just know I’ve been involved in, what seems to be, a similar matter and the “roomie” was shown the door, the “roomie” lawyered up, sought damages, and they lost.

Interesting I took you as a LEO not an attorney. I would imagine many judges may rule in the claimants favor in this type of case, but that doesn't mean the police (not the sheriff) are going to evict them or that they don't have any rights to civil procedure.

My grandfather lost only one bid protest which I think was then settled once a higher court decided to hear the appeal, but that doesn't mean most bid protests are successful. You can't extrapolate like that and get meaningful data.

[Gaijin]

A judge can interpret the law. That’s what they get paid to do. Legislators make laws, police officers enforce them ( in this case it’s a civil matter so the sheriffs office civil unit would handle it ) and judges interpret laws and arguments and make rulings.



I can’t spend a lot of time googling this to make a point on my lunch break. So back to the OP best of luck. If she refuses to leave depending on your state laws you will most likely have to give her a 30 day eviction notice.

What a nightmare.

[fusionstorm]

Lawman77, are you licensed to practice in the state of CA (where the OP lives, based on his profile), and if so, do you specifically practice landlord/tenant law in the area where the OP lives?

I'm not a lawyer, but I am familiar with what is kosher (and not) in cities where I own investment properties that have strict rent control ordinances in place. The OP's SIL is definitely not a squatter from CA's perspective, and has long since passed the time period where she would still be considered a "houseguest". If she doesn't leave of her own volition, and she does a quick Google search (hint hint to Lawman77), she can force the OP to go thru legal proceedings to evict her.

But yea, I'm sure Lawman77's judge up in Oregon would be happy to chime in on proceedings in a CA jurisdiction......

A quick Google search came up with this hit on the first page:

https://www.avvo.com/legal-answers/h...a-1956098.html

[breitlings]

...

[Lawman77]

Originally Posted by fusionstorm

Lawman77, are you licensed to practice in the state of CA (where the OP lives, based on his profile), and if so, do you specifically practice landlord/tenant law in the area where the OP lives?

I'm not a lawyer, but I am familiar with what is kosher (and not) in cities where I own investment properties that have strict rent control ordinances in place. The OP's SIL is definitely not a squatter from CA's perspective, and has long since passed the time period where she would still be considered a "houseguest". If she doesn't leave of her own volition, and she does a quick Google search (hint hint to Lawman77), she can force the OP to go thru legal proceedings to evict her.

But yea, I'm sure Lawman77's judge up in Oregon would be happy to chime in on proceedings in a CA jurisdiction......

A quick Google search came up with this hit on the first page:

https://www.avvo.com/legal-answers/h...a-1956098.html

Yes, everyone should get their legal advice off google. I don’t think I ever claimed I was licensed in CA. I also don’t think that all the others on this thread who have given their opinion are in CA either.
Get off your high horse and go drink another bottle of screaming eagle.

[fusionstorm]

Originally Posted by Lawman77

Yes, everyone should get their legal advice off google. I don’t think I ever claimed I was licensed in CA. I also don’t think that all the others on this thread who have given their opinion are in CA either.
Get off your high horse and go drink another bottle of screaming eagle.

Is that the best you could come back with? So your area of expertise is global in nature, and what you posted should be accepted by the OP as gospel? Since you seem to have forgotten the pearls of wisdom you dropped, let's take a look at what you said that's completely inapplicable to the OP's situation:

Originally Posted by Lawman77

The freeloader has zero legal right to stay at the OP’s property.
If you want her out, show her the door.
It’s not a difficult situation from a legal standpoint.

Congratulations! In terms of giving bad advice, you went 3 for 3!

You gave explicit advice to the OP that he could simply kick his SIL out. Unfortunately for the OP, that's NOT how things work in CA. If he did so and the SIL found a COMPETENT atty who understood CA law that protects tenants, the OP would not fare well in front of a CA judge.

Lawman77, it's obvious you know little to nothing about CA law in the landlord/tenant realm, and simply assumed your experience in this realm in OR would suffice. That link I posted previously had CA attys who specialize in landlord/tenant litigation, and they put their names and reps out there. You hide behind a username and whinge about other people who, even though they may not live in CA, are far more correct with their advice than you. You should know when to admit you're wrong. The forum is trying to give the OP sound advice, and you're trying to act like you're the master of all things in the legal realm.

My friends who are attorneys joke that attys like you should replace Esq with AKL in their written and email signatures:

Lawman77, AKL (All Kinda Law)

[Rb10chris]

Lot's of good insight in here, appreciate it guys. as far as letting her stay this long, it's partly my fault but it's been a cycle of: talk to wife, who talks to sister, she tells us shes getting her shit together, then we have some hope, time goes by and nothing changes, rinse and repeat. I've finally lost my patience and wanted to stop being nice which is why I gave her the talk about charging her rent and asking what her future plans are to get out of our house.

My wife and her are twins, not identical, but have a very close relationship still which is why I've been trying to be nice with the whole thing, but yes I see it as enabling now. Having a free ride is definitely not helping her motivation to get a better job/her own place/finishing school etc. I doubt she would be the type to look for any legal recourse against us, but you never know. This situation has just been a pain and finally getting to the point where I can't take it anymore. My wife is starting to feel the same way and we're trying to figure out a solution together, but yeah I agree a lot of the discussion has to be between them. If it was any of my siblings I would have kicked them out a long time ago

[MonBK]

I've read through this whole thread and have come to the conclusion that you only have one option left.

Call Paul and ask him to move in.

Your problem will be solved in a few days!

[Reddy_Kilowatt]

Originally Posted by Rb10chris

Lot's of good insight in here, appreciate it guys. as far as letting her stay this long, it's partly my fault but it's been a cycle of: talk to wife, who talks to sister, she tells us shes getting her shit together, then we have some hope, time goes by and nothing changes, rinse and repeat. I've finally lost my patience and wanted to stop being nice which is why I gave her the talk about charging her rent and asking what her future plans are to get out of our house.

My wife and her are twins, not identical, but have a very close relationship still which is why I've been trying to be nice with the whole thing, but yes I see it as enabling now. Having a free ride is definitely not helping her motivation to get a better job/her own place/finishing school etc. I doubt she would be the type to look for any legal recourse against us, but you never know. This situation has just been a pain and finally getting to the point where I can't take it anymore. My wife is starting to feel the same way and we're trying to figure out a solution together, but yeah I agree a lot of the discussion has to be between them. If it was any of my siblings I would have kicked them out a long time ago

Regarding the bolded part: this is the part that I would be most concerned about. If you and your wife are not totally in sync on this, there will likely be more problems.

Regarding the underline: why does it have to be your wife that carries the message? Why will the next time work out better? If she's having a hard time getting the message across, why don't you do it? Or do it together?

[hdrazor251]

Originally Posted by MonBK

I've read through this whole thread and have come to the conclusion that you only have one option left.

Call Paul and ask him to move in.

Your problem will be solved in a few days!

[GB-man]

I don’t think nice is going to work this far on. She has made it clear she intends to mooch off you. I’d be blunt and give her a week. That doesn’t work I’d file a 30 day eviction on her lame ass.

[Bigblu10]

Originally Posted by GB-man

I don’t think nice is going to work this far on. She has made it clear she intends to mooch off you. I’d be blunt and give her a week. That doesn’t work I’d file a 30 day eviction on her lame ass.

X2. Time to finally drop the hammer. Give her a timeline to leave, then be prepared to have her served an eviction notice from law enforcement.

[Fabrice M]

If she stays in her room all day as you describe it, she may may be suffering from depression and if it’s the case kicking her out may be the worst thing for her. I think you should all talk about how you all feel and together set-up an exit strategy that you all can live with. Making her and your wife part of the decision as well as being patient is key. You might also try to be involved in helping her find a job, help her with her resume, cover letter, interview practice...

[Spartacus]

Begin watching Sister Wives as a family.

[red1108nyc]

Don't enable. Cutting her loose is actually helping her by learn to be independent and a good life lesson.

[dysondiver]

wrap her sandwiches in a road map