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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Risks Involved with Resisting Condemnation

The main risk you take if you resist condemnation of your property is that the final judgment you receive may be less than the initial offer. Another risk you run in resisting the condemnation of your property is that you will end up paying attorney and court fees.

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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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I co-signed on a mortgage with a friend. Now he has fallen behind on his payments. Can I take over the property?

If you co-sign a mortgage and are listed on the property title, you can bring a partition action to have the property divided between owners. If the property is owned by two people, then one will receive the title and the other will receive an equity interest in the property. That equity value is the market value of their percentage of ownership in the property minus any liens. If you bring a partition action, you may leave with the title and your friend will leave with a percentage interest. This will leave you free to control the mortgage payments without worrying about losing the property. A real estate legal expert in your area would be able to tell you if this is an appropriate action in your situation.

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