How do I evict free loaders?
UPDATED: Oct 1, 2022
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How do I evict free loaders?
My mom passed away almost a year ago. She verbally told 2 of my siblings that they could live in her cabin; it was agreed that they would pay the land taxes. However, the taxes are now past due and they say they have no money to cover the taxes. I am the new sole owner of the cabin as of 5 months ago. Since I am now the sole owner and the taxes are going to have to be paid by me, I want to evict them from the cabin. I have no written, verbal or text agreement with them to live there. I believe now that mom is no longer on the deed so that her verbal permission should be null and void. Am I correct or way off base? How do I get them out?
Asked on March 7, 2019 under Real Estate Law, Alaska
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
You are very on-base:
1) First, the permission of a prior property owner to live on the property is null and void and does not bind or obligate the current owner.
2) Building on the above, permission to stay on property as a "guest" (as other than a rent-paying tenant) may be revoked at any time anyway: whomever owns the property can provide notice (it should be written notice, and should give some reasonable time to move out--typically at least a month/30 days) to the guests that they have leave whenever the property owner wants to.
If your siblings don't leave after notice, you can bring a kind of legal action traditionally called an action "for ejectment" (essentially, eviction for nontenants) to remove them. You have to do it by this legal action (lawsuit). While your right to remove them is clear, the action is somewhat technicial in terms of the paperwork, etc.--you would be best off letting an attorney help you.
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