Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Jessalee Thompson

Jessalee Thompson has started 1 posts and replied 10 times.

In case anyone cares how this is turning out, so after a scary ER visit i learned my heart was not regular and the condition could be stress and anxiety related, I went up to my friends boyfriend and told him they cannot stay longer than may 5th, no comprising or anything, and he said ok. the next day (today) I talked with my friend as she was packing and she said she would have liked a bit more warning that they needed to be out... i asked what did she mean, and she was like I just found out last week that we needed to be out at the beginning of may. I told her i gave them 60 day notice, and she said she didn't remember hearing that, I told her i have said it a few times and I am sorry you feel surprised but you still need to be out on the 5th :) lets hope everything goes according to plan! Thank you all for reminding me that this is my home, and they are over welcomed guests! 

Originally posted by @Elizabeth Colegrove:

Is your husband active duty? Is your friends active duty? While I have never used JAG I have bee told they might be able to provide legal advise for free. If you friends military you can always use command. While that is a last resort it is a possibility.

 yes, my husband is, no they are not. I am trying not to go to the JAG office, but if i have to I will. Thanks for the suggestion on using command though. 

Originally posted by @Mark Mathews:

@Jessalee Thompson 

I see it as more of a personal issue than a legal issue.

1) Do not accept any more money from them. It's the same as saying "I know I told you to leave, but since you're giving me some money, it's ok. You can stay."

2) Don't use their age (older than you) as a reason you can't tell them what to do in YOUR home! Treat this the same as you would if someone came to a party at your house and they got really stupid drunk and obnoxious. Tell them they have to leave!

3) Don't let "friendship" get in the way of you taking control of YOUR home. Friends come and go, but family is forever. Take control!

4) Don't feel guilty about making them leave. They are adults and can take care of themselves.

 this is what I feel too I don't want to make it a legal issue at all but I will if need b,  I am trying to be pushed around this is my first time dealing with it so I am just learning what's wrong and right. 

Originally posted by @Christopher Rodriguez:

@Jessalee Thompson I am super elated at the help you are getting and I will read the post comments after

Another thought that came to my mind is walk into your nearest precient where the cops are and ask for a step by step approach for eviction.... 

And you can curtail some legal expenses.... Just be extremely prudent on following the steps 

 I am extremely happy with all the help i am getting also! I couldn't find anything just googling so this has been fantastic. I hope it does not come down to talking to cops but i will defiantly keep that in mind thanks! 

Originally posted by @Tom Cyr:

Do you have any written rental agreement?  With a rental agreement, you don't need a lawyer to evict in TX.  It's rather straightforward but it will cost $200-ish in court fees, even if they move before the court date.  Many eviction courts have procedures.  I'm sure you've tried your best to keep them moving so keep that going and if they stall, serve them their 3 day notice to vacate in their hand, document delivery and then see if that lights a fire under them.  If not, you'll have to do the eviction process which is going to be longer than you'd like and you're going to have hostile people in your house until they move.  Finesse is going to be your best ally so keep your cool and keep trying to reason with them.

 Saddly at the time i did not get a written agreement on our leasing agreement, but they are not disagreeing with it or saying it never happened, they are just dragging their feet getting it done, and i think they think i will not take legal action so i am going to talk to them tonight about our options and if they say they are not leaving by the first, then i am going to the JAG office on base. I am hopping we can get it solved before it comes down to it but it doesn't seem possible. 

Originally posted by @Christopher Rodriguez:

@Jessalee Thompson I am no lawyer, or cop but thanks to social media and smart phone send a text and take a picture of it 

Try to retro actively get them to admit you have given them a 60 day notice by texting " I told you two months ago in March 1 I need the room and again the beginning of this month why won't you guys go? ". Is it a job? I can help with that 

Once you get them to admit it will really help. U. Screen shoot it and bam !

 Thank you, I didn't even think to do that! 

Originally posted by @Rob Beland:

@Jessalee Thompson legally speaking these friends of your are now your tenants which means you will have to formally evict them if they won't leave. Are they refusing to leave or are they just having trouble at this point? Once your family members show up are they going to lock their bedroom door and not let anybody in? Are they going to come and go as usual and just ignore the fact that as your friends they are creating this great inconvenience?

I would have a conversation with them about this and see what their intentions are. You can't just charge them by the day. You legally have to give them formal notice that you are terminating their tenancy as if they were a tenant in an apartment house that you own. Again, in reality, this is a friend, and hopefully it won't come to this but while inconvenient it is necessary to go through the proper channels. You don't necessarily need an attorney but if you are not familiar with landlord/tenant law in your state you will have trouble navigating your way through the legal system. 

Please report back to us and let us know how this problem progresses and if you get them out. Best of luck to you. 

They are not out right refusing to leave, they are just taking more time then they should to leave. They just started actively looking for apartments yesterday, I will ask them tonight what they are planning to do when the children come, we have talked about all the things i need to get done, and how tight of a schedule i am on at the moment so I see it as they are taking advantage of me because after everything they are still lollygaging around. 

Originally posted by @Account Closed:
Originally posted by @Jon Holdman:

If they won't leave voluntarily you'll have to evict them.  That will involve a lawyer and will take time.  IDK the timeline in TN, but getting in done in 17 days here would be difficult.  There's a process starts with a three day notice, then filing eviction after that, then getting a court date, then, if they're still there, doing a "set out" where you and your helpers, under supervision from a deputy, put their stuff out of the house.

Do you have a documented lease and documentation that you've given them notice?

Sorry, but you're going to have to start playing hardball.  The friendship is over.  You signed up for that possibility when they moved in and now its coming to pass.

 I agree.  Friends would not put you in this position.  You're going to have to tell them that if they aren't out May 1st, you're not going to accept any rent from them and you will file an eviction.  Tell them you're really upset that they would put you in this position.  They had 60 days to find somewhere else to go.  And don't be swayed by crocodile tears.  I suggest you take the angry approach - "How could you put me in this position?  You had 60 days to find another place.  Yes, you bet I'll file for eviction if you're not out.  What kind of friend are you to put me in this position!"

Because you know what they'll do - whine like the immature babies they are.

I've had "friends" like this too many times in my life.  They label you a "friend," then you're supposed to let them take advantage of you.  Uh uh.  No more of that nonsense!

 Thank you! I am trying to stay positive throughout all of this, and I am trying not to be swayed. I am also in the position of I am younger then both of them (I am in my early 20's they are in their 30's) and I do not want to be taken advantage of. 

thank you, I have thought about this however my husband and I do not have the funds to get a lawyer. I did ask if it is legal do a day by day payment? I don't want to accept full months rent because I read somewhere if I accept it then i am allowing them to stay for the month. I know they they are also on a tight budget, and telling them I am charging them day by day might light a fire under them. I am just at the point where I have no idea if that is legal or not. 

For the past 5 months I had a friend and her boyfriend move in while my husband was deployed. They have been on a month by month rent payment because if something came up, i could give them 30 days notice and have my extra room back. Back in March I found out my 2 nieces and 1 nephew where coming to see me for the summer, and i told them that I would need the room back In May. Then again in April I officially told them that I will need them out  May 1st, so that is a 60 day notice. It is April 28 and they have not found a place to live, and i have three children coming down in less than 17 days, and i need to get into the spare bedroom to put a bed, dresser, etc. For children to use. Now my question is, what can i do? Is it legal to charge them day by day until they leave? I cannot afford a lawyer and she is my friend, but I need this room back, and I am not going to tell my sisters kids that they cannot come because they will not leave. Thank you for reading, any solutions are appreciated!