Is this an idiotic law or what?!?

JaniceM

JaniceM

Well-known Member
Location
still lost between two shores..
Whether a person owns their own house or is a tenant renting an apartment, this applies to both:

If you have a houseguest, and the guest does not want to leave, the only option is to go through a full eviction process.. which of course is time-consuming, and until the guest is formally evicted he/she has the same rights to your home and in your home as you.

I've never heard of anything like this before. Wondering what you guys think.
 

I have known about this law for a long time. When I lived in FL in 1994, I had trouble with my stepdaughter and the police came and took her away from my house. The policeman told me then that he would take her since she was so violent but that to throw her out I would have to evict her unless she left on her own. He said that if you let anyone get mail at your house too, it is the same as if they live there.
 
I think if someone is asked to leave, they should leave. Sounds simple enough ... read on ...

"House guests who have been asked to leave and overstayed their welcome are technically committing a crime—trespassing. Despite this fact, getting rid of a trespassing house guest can be challenging."

Trespassing Laws and Penalties
"Laws vary, but in most states, a person commits the crime of trespass by entering or remaining in a building or on land without permission from the owner or resident. Even if the owner initially gave the person permission to hang out or stay at their house, the person can still commit trespassing by not leaving when the owner asks. For example, a person who remains at a party after the owner tells them to leave is trespassing.

Many states divide trespass offenses into degrees or levels, with increasing penalties based on the type of property or situation. For instance, trespassing on another's land might carry a low-level misdemeanor penalty. States generally reserve the harshest penalties for trespass of a dwelling (a place where a person lives or sleeps) or in defiance of a request to leave. A person convicted of these more serious trespassing offenses could face up to a year in jail, fines, probation, and potentially a no-contact or restraining order."

Should I Call the Police for Trespassing?
"Technically, in most situations, a houseguest who remains after being asked to leave is trespassing. So how can you get an unwanted guest out of your house? First, make sure that the trespasser knows that they are no longer welcome. It can be difficult to tell friends and relatives that you want them to leave, but if you've previously given the person permission to stay at your house—and not made it explicit that you want the person to leave—they might not be violating any laws. On the other hand, if you've made it crystal clear that a guest is not welcome, but the guest continues to stay, call the police and report the person for trespassing."

Do I Have to Formally Evict an Unwanted House guest?
"There isn't a formal process (such as eviction) for getting an unwanted guest of your house. Your first step should be a straightforward one: Clearly tell the person that you need them to leave. If you want to preserve a relationship (for example, if it's a friend who won't leave your house), try to sit down with them and discuss it. If you're not comfortable doing this, give them the notice in writing—an email is fine, just make sure you keep a copy of it. No matter how you tell them their time at your place is over, be sure to give them a deadline by which they must be gone.

If they don't leave by your deadline, you could try changing the locks. However, your safety is the primary concern—don't do anything that you think could put you in danger. And don't ever use violence to try to remove an unwanted guest from your house."

Excerpts taken from this article > How Do I Get Rid of a Houseguest Who Won't Leave? > https://www.criminaldefenselawyer.com/resources/how-do-i-get-rid-a-house-guest-who-wont-leave.htm

Bella ✌️
 
Bella said:
I think if someone is asked to leave, they should leave. Sounds simple enough ... read on ...

"House guests who have been asked to leave and overstayed their welcome are technically committing a crime—trespassing. Despite this fact, getting rid of a trespassing house guest can be challenging."

Trespassing Laws and Penalties
"Laws vary, but in most states, a person commits the crime of trespass by entering or remaining in a building or on land without permission from the owner or resident. Even if the owner initially gave the person permission to hang out or stay at their house, the person can still commit trespassing by not leaving when the owner asks. For example, a person who remains at a party after the owner tells them to leave is trespassing.

Many states divide trespass offenses into degrees or levels, with increasing penalties based on the type of property or situation. For instance, trespassing on another's land might carry a low-level misdemeanor penalty. States generally reserve the harshest penalties for trespass of a dwelling (a place where a person lives or sleeps) or in defiance of a request to leave. A person convicted of these more serious trespassing offenses could face up to a year in jail, fines, probation, and potentially a no-contact or restraining order."

Should I Call the Police for Trespassing?
"Technically, in most situations, a houseguest who remains after being asked to leave is trespassing. So how can you get an unwanted guest out of your house? First, make sure that the trespasser knows that they are no longer welcome. It can be difficult to tell friends and relatives that you want them to leave, but if you've previously given the person permission to stay at your house—and not made it explicit that you want the person to leave—they might not be violating any laws. On the other hand, if you've made it crystal clear that a guest is not welcome, but the guest continues to stay, call the police and report the person for trespassing."

Do I Have to Formally Evict an Unwanted House guest?
"There isn't a formal process (such as eviction) for getting an unwanted guest of your house. Your first step should be a straightforward one: Clearly tell the person that you need them to leave. If you want to preserve a relationship (for example, if it's a friend who won't leave your house), try to sit down with them and discuss it. If you're not comfortable doing this, give them the notice in writing—an email is fine, just make sure you keep a copy of it. No matter how you tell them their time at your place is over, be sure to give them a deadline by which they must be gone.

If they don't leave by your deadline, you could try changing the locks. However, your safety is the primary concern—don't do anything that you think could put you in danger. And don't ever use violence to try to remove an unwanted guest from your house."

Excerpts taken from this article > How Do I Get Rid of a Houseguest Who Won't Leave? > https://www.criminaldefenselawyer.com/resources/how-do-i-get-rid-a-house-guest-who-wont-leave.htm

Bella ✌️
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Well, it's good to know some places have common sense.
 
JaniceM said:
Whether a person owns their own house or is a tenant renting an apartment, this applies to both:

If you have a houseguest, and the guest does not want to leave, the only option is to go through a full eviction process.. which of course is time-consuming, and until the guest is formally evicted he/she has the same rights to your home and in your home as you.

I've never heard of anything like this before. Wondering what you guys think.
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I think it's crazy, but apparently happens all too often.

Would not care to be in that situation ever!
 
Here is resource page for many complications that arise with this situation...

"Frequently Asked Questions: Evicting Guests, Roommates, Family Members, and Other Unwanted Occupants from Your Home​

​

Examples​

What makes a person a tenant? ​

In general, if a person has paid rent or has agreed to pay rent to live somewhere, then that person is a tenant

  • This is true even if the person is only using part of a house or apartment, such as when a person is sleeping on your couch.
    Rent is usually money. A person can also “pay” rent by doing work or giving things to the person they are renting from.
  • If a person has never paid money, done work for you, or given you something of value AND they never agreed to do any of those things, then he or she is probably not a tenant. However, if a person has agreed to pay, do work, or give you something of value in exchange for living in your home, they may be considered a tenant even if they have never done anything to keep this agreement.
  • For example, if someone promised to pay you $500 per month to sleep in your spare room, that person may be a tenant even if he or she never paid even $1 in rent since they moved in.
  • I rent my home from someone else. How can I be a landlord?
A person may become a landlord even if he or she does not own the property.
  • The most common example is when a tenant sublets his or her rental unit.
  • The tenant who is renting from the owner is a landlord and the person subletting is a tenant.
Can someone be a tenant even if there is no written lease?

Yes. An agreement to rent a property does not need to be in writing.

  • A person can become a tenant through a verbal agreement.
  • A person can become a tenant based on the way he or she acts and how the other person responds. For example, if a person gives the owner money on a regular basis and the owner accepts it, that might create a landlord-tenant relationship.
What if we have a written agreement that says that the person living in my house is NOT a tenant?
That type of agreement can be helpful. But, if the person is paying rent, he or she may still be considered a tenant, no matter what the agreement says.

You cannot change a tenant into a guest just by changing what you call that person in your agreement.

  • If the issue ever came into court, the court would look at what is really happening, not just what the person was called in the agreement"

5 min. read

https://www.lawhelp.org/dc/resource...s-and-other-unwanted-occupants-from-your-home


​

 
Just surfing for other state laws, I found this for Arizona.

33-1378. Removal of guest

A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy. A person who knowingly remains on the premises without the permission of the tenant or the landlord may be removed by a law enforcement officer at the request of the tenant or the landlord who is entitled to possession of the premises.
 
Nathan said:
It's a landlord's nightmare. Locally, if a landlord is going to evict a tenant, and that tenant has allowed someone to live with them, they have to be formally evicted as well.
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I know this is true.. whether a tenant is evicted or moves out voluntarily, and their guest does not want to leave, only the official court process can get the guest out.
I wonder what my current landlords would think if they knew this, as quite a few tenants have unauthorized guests living with them.
 
JaniceM said:
I know this is true.. whether a tenant is evicted or moves out voluntarily, and their guest does not want to leave, only the official court process can get the guest out.
I wonder what my current landlords would think if they knew this, as quite a few tenants have unauthorized guests living with them.
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With one rental I had I discovered that the renter had allowed someone to move in with them, so I drew up a new rental agreement and had them sign. That way, a future possible eviction would be less complex.
 
JaniceM said:
Whether a person owns their own house or is a tenant renting an apartment, this applies to both:

If you have a houseguest, and the guest does not want to leave, the only option is to go through a full eviction process.. which of course is time-consuming, and until the guest is formally evicted he/she has the same rights to your home and in your home as you.

I've never heard of anything like this before. Wondering what you guys think.
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yes I believe that's also a law here too..
 
Remy said:
Eviction was not easy.
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Nope it never is.

I had a couple of low end rentals in Florida and ended up doing 2 evictions. Florida is one of the more landlord friendly states, but it was still painful. Florida Eviction Process After the experience of those evictions I got out of the rental business, just not worth it.

Unfortunately its the good renters who suffer, landlords have to charge more rent to cover those costs...

You need to understand your state law before you let anyone stay in your house or apartment. You could end up having to evict...
 
Alligatorob said:
Nope it never is.

I had a couple of low end rentals in Florida and ended up doing 2 evictions. Florida is one of the more landlord friendly states, but it was still painful. Florida Eviction Process After the experience of those evictions I got out of the rental business, just not worth it.

Unfortunately its the good renters who suffer, landlords have to charge more rent to cover those costs...

You need to understand your state law before you let anyone stay in your house or apartment. You could end up having to evict...
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I believe it. But no one lives with me unless they have fur and a tail. However I'll bet some well meaning people have had great problems after being kind enough to help someone out 'for just a little while' or something.
 
JaniceM said:
Whether a person owns their own house or is a tenant renting an apartment, this applies to both:

If you have a houseguest, and the guest does not want to leave, the only option is to go through a full eviction process.. which of course is time-consuming, and until the guest is formally evicted he/she has the same rights to your home and in your home as you.

I've never heard of anything like this before. Wondering what you guys think.
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Yes, if a person has taken up residence in some way. Can seem very odd, especially when the person doesn't pay expenses. Does that apply for those who just come visit for a day or two? I didn't think so, but I'm not sure. For example, don't ask a person to leave during a storm. Supposedly, for reasons like that came the need for eviction.
 
Geezer Garage said:
If I don't want someone in the home, they're leaving one way or another. Walking out, or feet first, their choice.
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I don't know how cases go when putting someone out who isn't paying rent, or how often a case like that ends in court. I suppose a person could say they were harmed or injured after being put out with no place to go, and there could be a lawsuit asking for damages for that reason. What seems missing here is something I've heard about giving written notice, but I don't know the details. At least people are better off knowing the consequences of letting people move in for a while.
 
Patricia said:
I don't know how cases go when putting someone out who isn't paying rent, or how often a case like that ends in court. I suppose a person could say they were harmed or injured after being put out with no place to go, and there could be a lawsuit asking for damages for that reason. What seems missing here is something I've heard about giving written notice, but I don't know the details. At least people are better off knowing the consequences of letting people move in for a while.
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Bella said:
Do I Have to Formally Evict an Unwanted House guest?
"There isn't a formal process (such as eviction) for getting an unwanted guest of your house. Your first step should be a straightforward one: Clearly tell the person that you need them to leave. If you want to preserve a relationship (for example, if it's a friend who won't leave your house), try to sit down with them and discuss it. If you're not comfortable doing this, give them the notice in writing—an email is fine, just make sure you keep a copy of it. No matter how you tell them their time at your place is over, be sure to give them a deadline by which they must be gone.

Excerpts taken from this article > How Do I Get Rid of a Houseguest Who Won't Leave? > https://www.criminaldefenselawyer.com/resources/how-do-i-get-rid-a-house-guest-who-wont-leave.htm
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Bella ✌️
 
katlupe said:
I have known about this law for a long time. When I lived in FL in 1994, I had trouble with my stepdaughter and the police came and took her away from my house. The policeman told me then that he would take her since she was so violent but that to throw her out I would have to evict her unless she left on her own. He said that if you let anyone get mail at your house too, it is the same as if they live there.
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Thank you for that explanation. That is not how the game is played in Oregon. I left a home that I shared with my daughter and when I returned to give her a written communication, her male companion who was the cause of the problem, had me charged with criminal transpassing and the judge was ruling in their favor until another man who lived in the house came to my defense. Not long after that my daughter's children were made wards of the state and a judge put her children in my care. In the meantime, I lost everything I had left behind because I could not legally remove anything. Justice is not an easy thing to achieve.
 
As distasteful as this sounds it does provide some legitimate tenants a degree of protection. A landlord cannot simply throw someone out without following some rules. The hard part is accepting how easy it can be to become a "landlord", it can happen without people knowing or understanding that it has. All the more reason to do some research and know the law before letting someone stay with you or in a property you control.
Patricia said:
What seems missing here is something I've heard about giving written notice, but I don't know the details.
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That varies a lot state to state, but if a person is a legally recognized tenant I believe some notice and process is required. Florida has one of the shortest notice to eviction times, in both of my cases it was less than a month. Both required physical eviction by police. In one case the tenant was abusive to the police officer and ended up arrested. To get Florida's expedited process I could not ask for back rent or any money, that would have take longer.
 

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