Urgent Help Needed. Inhabitable with family living there

9 Replies

I need help bad.. I'm buying a home that I plan to demo and built on the lot. The home is inhabitable with no water, electricity, dog feces, no appliances, holes in the ceiling, rotten siding, & a lot more- Its a demo Heres the issue..The sellers sons wont move..One son lives inside and one son(paralyzed on one side of his body) lives in a trailer on the lot. They dont pay to be there, both alcoholics taking advantage of their dad and they have been physically abusive to him. Thank God dad lives somewhere. What do I do?...Can I remove them once the sale is complete, do I have to evict them, can they be forced out due to the living conditions? I already signed to purchase and I want this lot..But I'm very nervous about the sons living there. I dont wanna be sued or fined. I need a mentor...If your in my on area PM me plz. Thanks to you all for your helping me.

i see two options here 1) you can go back to dad and break it down as hey i cant close on the house until it's vacant and see if he can help in getting them out, 2) offer some moving expense if the lot is really that desirable to you I know not what you want to hear as the investor but it has worked on numerous occasions, 3) you will have to take it to the courts as final resolution so the sheriff can remove them. Hope it works out :)

Why not Just request a price concession from the seller for the cost of the eviction?

Call the local health department and find out who is responsible for housing code inspections. What you are describing violates code most places. They can declare ot uninhabitable and require the sons to vacate. I would ask questions to find out how you can undo any action they take to get a certificate of occupancy later and not incur a bunch of fines.

It is amazing what some people can live like.  Assuming dad has at least acquiesced to the sons' occupying, they may legally be his "guests" not his tenants.  It seems to me that until you own the property the sons have no real motivation to move.  Having the place declared uninhabitable usually works to the advantage of a tenant anyway, and may require the landlord (eventually you) to make repairs to make it habitable (although a tenant's recourse is typically withholding of rent, so ...).  

In the absence of formal or informal lease terms (and considering the lack of rent), the sons are probably not tenants and thus eviction may be an inappropriate solution.  However, in that case consider the elements of criminal trespass.  See North Carolina's first degree trespass and second degree trespass laws.  A financial incentive to move may be less messy though. (Don't give $, or at least not all offered, until they're gone.)  Look for win-win where possible.

Police removal of trespassers, if necessary, can often be accomplished far more swiftly than an eviction, but may still require substantial verifiable evidence of ownership (e.g., legal deed, etc.) and absence of a lease (e.g., shown in affidavit/statement from former owner-dad).  Talk to the police about what they'd want to see.

DISCLAIMER: The above is provided only for informational/educational purposes, and does not constitute legal advice.   You should not rely solely on this information as the laws and procedures in your jurisdiction may materially differ.  You should consult a local attorney familiar with laws  and processes of your jurisdiction and the details of your situation which may significantly affect circumstances and outcomes.

@Zimean Vickers   It would be worth finding out what evictions are like in NC.  If it's relatively easy, and something you can deal with, then get the process started ASAP.

@Jill F. Called it exactly right - if you move forward with closing, do a hold-back of the amount of funds required for evictions.  Make sure you include all costs - sheriffs, movers, storage, etc.

Normally I'd want to know a lot more about the basement flooding, but since you've said it's a demo, I'd let it go and address it with drainage and/or french drains when you rebuild.

Good luck!

Oh wow! You all are awesome- Thank you so much for all your help. This information is priceless and greatly appreciated.  I feel like I have the support of a community with a wealth of information to help with the success in my journey... 

I'm getting started this morning to seek all the options you guys listed- advantages and disadvantages. I will keep you posted...I hope you all have a day of success. Thanks