Evicting a Family Member or Friend From Your Home

A family member or friend occupying your home may be considered a tenant whether or not a lease was signed, and whether or not rent was paid. If the person that you want removed has paid for any utilities, food, or the like this can also be considered’rent’.

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With the owner’s permission, I’ve lived in a trailer on his ranch property for over 25 years. Do I now own the land on which the trailer sits? What’s the law on squatter’s rights?

It depends. You might be able to acquire the land through what’s known as adverse possession if you meet several statutory requirements in your state. You may also try possession under a claim of right if there is reason to believe that you have a right to be there and claim the land’ perhaps because you were watching over the property for the owner, who said that if you look out for the rest of the land, whatever land you are occupying will be yours. However, you should contact an attorney in your state who can explain what your state’s rules are and how they apply to your exact situation.

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Who is a subtenant?

A subtenant is a person who has the right to use and occupy rental property leased by a tenant from a landlord. A subtenant has responsibilities to both the landlord and the tenant. A tenant can sublet rental property to a subtenant, but often must obtain the prior consent of the landlord. The tenant still remains responsible for the payment of rent to the landlord and any damages to the property caused by the subtenant.

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Tenant’s Right to a Habitable Living Space

Generally, your landlord is responsible for providing a habitable living space for tenants and renters. However, even though this is the general rule, exceptions may apply which would shift the duty to you to repair to your pocketbook. Before you engage in expensive self-help remedies, contact an attorney who specializes in landlord-tenant law.

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