A question for legal experts/landlords.

[nemesis]

Let's say you rented a house to Bob and Carol. They were late on payments often, but you put up with it because the house is no great shakes.

Bob and Carol are moving and ask if Carol's half-sister can move in. You state no children, and that if she has no children, it's ok. She moves in and now the payments are always late. But you're an avoidance/avoidance personality and you don't bark.

Now you've discovered that Carol's half sister has moved out and Carol's half sister has a half sister and the latter half sister has moved in with her 3 kids.

You want her out and have told her such. More than once. She has refused on the basis she has no place to go.

What are your options?

One option, IMO, is to tell her you will give her a couple hundred dollars for the first month's rent somewhere else. But only after she's moved.

Suggestions? BTW, the situation is real. I'm asking the members here as a favor to the landlord. He's obviously inexperienced in such details.

It is in Oklahoma.

 

[Aries]

Do they have a written lease? I'm not a lawyer but I would think anyone living there who is not on the lease could be evicted?

In any case, I'm sure they'll have to go through an eviction process.

 

[nemesis]

Do they have a written lease? I'm not a lawyer but I would think anyone living there who is not on the lease could be evicted?

In any case, I'm sure they'll have to go through an eviction process.

In OK, what does that entail? Hire an attorney or just do nominal paperwork at the sheriff's office?

 

[Aries]

I don't know a lot about it, but you have to have a court order before going to the sheriff's office. He will have to give them written notice, etc. before going to the court under most circumstances, how much notice depends on the reason for eviction.

This should help and/or google "how do you evict someone in oklahoma"

https://www.nolo.com/legal-encyclop...lahoma-rules-landlords-property-managers.html

I don't think you necessarily have to have a lawyer, but since they are not experienced, if they can afford it, it may not be a bad idea. There are some lawyers who post here and will likely respond at some point, but for some reason I can't resist jumping in first and offering advice on things I know almost nothing about. LOL!

 

[BReeves]

You can do it yourself, just go to the County court house and fill out the forms pay the fees. Wife managed a mobile home park for a while and monthly trip to the court house was normal operating procedure. You may also have to pay a process server to serve notice of the court date. Usually durds are no shows in court and the eviction is more or less automatic. Once you get the order the Sherriff can help with the actual eviction. Pretty sure I am remembering everything correctly.

 

[donner]

not sure the legal grounds, but from some stories i've heard it might be faster and cheaper to pay them to go away willingly. There are legal means, but i think most will take time (and as mentioned above, some expense too)

 

[mr ed]

Since there are people involved not on the lease.
Fill out the eviction notice for leasee name and all occupants.
This covers everybody on the property.
Now when you fill out the form at the courthouse don't worry about back rent too much. They probably won't pay you anyways.
Sue for possession!
There should be a box on the form for this.
That means no conference. no deals. I want you out.
I have found if you don't sue for possession even the judge will try and get you to let them stay.
When you get your judgement.
You have to fill out more papers to get them out.
Ask about a form called writ of assistance.
Some counties will work with this some won't.
Basically, filing it if they don't get out by the appointed time the sheriff calls in a prisoner work crew and they set everything at the curb.
Make sure you put AND ALL OCCUPANTS each time it asks for defedents name.

 

[Cowcatcher]

Has the landlord accepted any money from this latest person with the kids? If not, it seems to me any lease/rent agreement was terminated when the last actual renter/lessee left. Now you have squatters that have moved in. I would think you could put them out pretty easily.

 

[xseler]

Just thinking 'lawyer'.....technically the question concerning the kids won't hold up because the half-sister had no kids. Stipulation met. The statement should have been 'no kids'. Also, if the rent were always accepted late with no consequences, precedent has been set. Therefore, this may also not hold up. This situation may not be a simple, straightforward process.

Good luck to the owner.

.

 

[bigfug]

They are squatting. He has no agreement with them. He may have hurt by allowing them to stay for more than 30 days, not sure of exact time frame in OK, but they may now have tenant rights and he may be implicitly agreeing with their presence. He needs to call the police. If they determine they are squatting and not trespassing, it becomes a civil matter, and they cant do anything, thats OK. The eviction process begins but is shorter for squatting than an actual tenant. The faster he acts, the stronger his case. I would also see who is on the utilities. If in his name, he can cut them off. If in someone else's, it could be a tenant rights violation. I would call the police first, offer them $ to leave once squatting has been established by them, and let them know, take the $ as I have started the eviction process. They stand to lose more by staying, since they will incur legal costs, and could lose personal property during the eviction as well.