Eviction of a free loader?

10 Replies

My sister Joan is 83 years old and lives in New Jersey. She had a homeless person living with her for the past 18 months named Lynn. This person brought in her male cousin (also homeless) to live there free, and then her 15 year old son. No one pays rent or helps with the bills, in fact Lynn has my sister giving her a check for $375.00 per month. Lynn says this is household money. Lynn also cashes a check for $500.00 each month she says is for Joan. Joan's only source of income is Social Security and a small pension. They are bleeding her dry.

Joan is very kindhearted and felt sorry for Lynn's son being homeless. She has put up with a lot. What was happening to Joan came to the surface when Lynn got drunk and sent Joan to the hospital 2 Saturdays in a row. The hospital started questioning the poor condition Joan was in.

Lynn's cousin finally told me what was really happening to Joan. Lynn was getting drunk and drugging Joan when she did not want to be bothered with her. Lynn was also not giving her the meals-on-wheels food that was being delivered each day. The cousin also called Children's Protective Services about how she was treating her son. He was removed from the house.

Joan was in such poor shape she went to a nursing home for rehab. I was told unless someone could take care of her 7/24 she would remain there. She can no longer walk.

I was instructed to sell her house to pay for the nursing home. I found a buyer but he wanted everyone out of the house. I gave the cousin and Lynn the 30 day notice. The cousin moved out on the 30th day. Lynn however did not. She says she has no place to go and no money. I went there 2:00 in the afternoon and she was laying drunk, on Joan's bed with a bottle of Vodka, sleeping with out a care in the world.

I told her, her 30 days are up and to leave. She said she can't because she has no place to go. I told her the house is sold and she has to get out. She just keeps saying she is too depressed to do anything.

The house is a wreck. Empty Vodka bottles and garbage all over the place. Furniture broken and knocked over. Religious statues broken. Collectible statues that were given as a gift, broken. Lynn has a cat she is to drunk to clean up after so the cat goes all over. The smell in the house in unbearable. The house needs a lot of work. Lynn has her furniture stored there and has also allowed her daughter to store furniture and household items there.

The person who wants to buy the house as is does not want to wait too long.

Does anyone have any suggestions as to how I can speed up the process of getting her out? I was told by her cousin that she was evicted from the last place she lived in. I guess she knows how the system works --- I don't. A lawyer told me to just follow the eviction laws.

Seems so unfair. Does anyone have any ideas on how to help my sister?

Thanks....Joyce

You'll have to evict her if she wont go willingly. No other choice. Maybe offer her money to leave or to pay for her to stay in boarding house or rehab center.

Hi Benjamin,

Joan has no more money to give to her. The government will send her to rehab but she wouldn't go. Her family tried everything....Joyce

Then eviction is the only thing you can do. Call the health dept and have them inspect the home. If its bad enough, they will tag it as uninhabitable and she will be forced to leave.

The best way with someone like her is to offer her cash. Find an amount you are comfortable with offer it to her, get it in righting move her and her stuff out change the locks. Offer to pay for a motel for a few weeks things like that?

Hi Philip,

I tried that but she will not go for it. She said she does not know how long the money would last. She wants me to "help" her out until she gets all of her government benefits back.

Thanks Joyce

Hi Ben,

Good idea. I am filling the court papers Monday. I will check with the health department....Thanks

It MAY not be an eviction issue since there is no official landlord -tenant relationship.  It may fall under an ejectment. This is costly and time consuming. The court may tell you they can't help you and talk to an attorney. If that is the case she may be viewed as a trespasser and then possibly can be removed.  Even as the local police what you are permitted to do. If she is passed out drunk, call an ambulance and if they take her then you can secure the house. 

I did find her so drunk she could not talk to me.  She just mumbled.  I know that will happen again.  Next time she is out of it I will call the ambulance.  I contacted the police awhile ago and they said to file for an eviction.  Thanks

Being a landlord isn't always fair.................. : )

If it were that easy everyone would do it. A simple way would have been to file elder abuse charges against these homeless people mooching off the person in the house and have them locked up.

The things you were mentioning definitely sounds like criminal and willful abuse. At this point stop talking to the lady. You can't make sense out of nonsense. The investor buyer wants the tenant and locks out so they can asses damage to the property and reduce the price to compensate. That's what is hard about short sales for instance in that the property might have more damage then you originally saw when trying to buy. Just file eviction and wait until the Marshalls carry her out with nice jewelry around her wrists.

No legal advice.

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