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Eviction question

PolyMom's picture
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So, my in-laws purchased a home for their daughter and her family almost 4 years ago, with the intention that she and her husband would purchase the house when their credit improved over about 2 years. Since then, my SIL's kids both passed the age of 18, leaving 4 able bodied working adults in the home, and they refuse to work full time....are still living at home, her husband quit his job, they refuse to pay their bills, and go to everyone for money. The IRS has frozen their bank account. So, my MIL wants to kick them out, and sell the house so this doesn't destroy their credit...but I'm thinking legally this is going to be difficult, with squatter laws, I think my in-laws are stuck financially with this house. They can't afford both the house and the apartment they live in. Anyone have any experience with this?

JingerVZ's picture

Apply to sell. At the same time start processes for an eviction order.
And yes, you can evict - even with squatters rights.

Orange County Ca's picture

Of course they can kick them out. As others have said above you can start eviction immediately but it'll take a month or two in some states maybe 6 months but the sooner MIL starts the sooner they'll be out.

Are you sure your MIL wants to go that far with her own kid?

There is a web site for renters AND landlords which tells the rights and answers questions for both sides try to find it and pass it to your MIL.

PolyMom's picture

Unfortunately SIL isn't giving them much choice here. SIL and husband bought two brand new cars within the first 12 months of moving to the house, he quit his job over pride of not getting a promotion he thought he deserved, and has been on and off with work ever since. He cashed in his 401K, and didn't pay the taxes on it, so they're having issues with the IRS...just poor money management everywhere....The 23 year old works 10 hours a week and the 20 year old is finishing up trade school, which takes only about 20 hours of his time each week.

MIL has paid the mortgage for them almost 3 times (2 full, and 1 partial payment) they've borrowed from friends, and MIL just gave them money to pay one of their car payments and it was used to buy take out. Meanwhile, all 4 members of this family have smart phones, with unlimited everything on them, outrageous expenses that they could easily drop, but refuse to do anything to better their situation. It's frustrating to watch this.

PolyMom's picture

Yeah, they were going to start with "It's your choice: Get your financial act together, or find somewhere else to live, but we aren't giving you a free house." But when she realized they took money meant for a car payment and bought BBQ chicken with it, it's pretty clear they have no intention of fixing their finances. So they're going to tell them they have 30 days to get out. Just found out there is a landlord loophole in the state legally however...specifically when dealing with adult children in the home...if the adult children have not been paying rent, they can get 10 days notice legally. So if it doesn't work out in the amicable fashion, and they have to go legal, it won't be so bad. There's no lease agreement, they've just been covering the mortgage up until the past few months.

Rags's picture

List the property, put a for sale sign in the yard, change the locks, and have them served with an eviction notice.

Then follow through. Put them living under the local overpass and let them wallow in their own idiocy. Parents should never jeopardize their own financial security for an idiot adult child.

Good luck to your ILs.

PolyMom's picture

Oh my goodness, things just went from bad to worse. They haven't paid their bills in months..owe the gov't thousands of dollars...so my IL told them they have 30 days. My BIL stormed out and moved in with his mom. He went back there last night and started yelling at them, saying that they're always getting involved in their life. I think he's insane. It's THEIR EFFING HOUSE! They seriously expected my in-laws to front the mortgage while they sit around not-working, and incurring more debt, and declaring bankruptcy. And what's worse, he's the one who's pissed? My in-laws are the ones who should pissed. They did something super nice only to be completely exploited. Then MIL called SIL and basically disowned her. SMH.