What To Do

Lounge By tjrobin31 Updated 3 Feb 2009 , 7:37pm by Kiddiekakes

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tjrobin31 Posted 2 Feb 2009 , 4:50am
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my husband and i bought a house several yrs ago, it is split into two apartments, we were under the impression when we bought the house that the owner at the time was going to tell the other tenenants that they were going to have to move (that is another long story)but that isn't what happened, so here we are yrs later still living in an upstairs apartment, the problem being that we have 3 children now , then we only had one, and are so cramped we all can't even fit around our kitchen table, i know that i could simply just tell the other tenenants to leave, since it is my house, (although sometimes i wonder) the problem is , is that technically they've lived here longer than i have and they are an older couple mid 70's and i feel like a complete jerk asking them to leave, however, i am also starting to feel very clausterphobic, so i guess what i'm getting at is am i jerk for asking them to go, (if i ever get the nerve to do so)i have told them if and when it comes to that point i would give them atleast 9 months to find another place, is that sufficient time i don't know just don't know what to do

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Carson Posted 2 Feb 2009 , 5:23am
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In my opinion if it was my house, they could live there as long as it was good for me. If you need the space and give them enough time to find a new place, then don't feel bad about it. Hopefully they will be understanding when you explain the situation to them. That's a tough one though, which is why I would hate to be a landlord - I would be so bad at it because I would feel too sorry for people!

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tjrobin31 Posted 2 Feb 2009 , 5:53am
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that's the problem i have my dh has been after me for three yrs to tell them to move, but i always feel bad, i''m not sure why because these two people are not your general sweet old couple, they practice a completely different religion then we do and are constantly makeing snide comments to i or my husband about it, and continually complaining about their rent , that it is too high and they can't afford it even though they are paying us less rent then they were paying the previous owner, subsequently this occurred becuz i felt bad for them , they have totally taken over the front porch so that my kids can't even play out there, plus they get to park in the garage while i park on the street, i think maybe i've just convinced myself i shouldn't feel soo bad about this, at any rate thanx for the input, i still have no clue what to do other than grow a spine or something

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Carson Posted 2 Feb 2009 , 6:02am
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Ya, I was thinking they were a sweet old couple who may find it hard to move...but in their case, it sounds like they think they own/run the house. They sound like genuine PITA, I'm thinking they need to go! I'm thinking you need to grow a spine (your words, not mine, lol). Good luck, it won't be easy but it sounds like its the best thing for your family, and they are what really is important!

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tjrobin31 Posted 2 Feb 2009 , 6:07am
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yes, i think you are probly right, now if only i knew where to find a spine at, possibly they sell them at walmart, they sell everything else there(ha ha)

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sugarwishes Posted 2 Feb 2009 , 6:36am
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I think it's time for you to tell them to move! They've completely taken advantage of your kindness. You own the house, and it doesn't matter if they've lived there longer, things change and that is something a renter has to deal with (i rent). That whole religion thing really annoyed me, it's none of their business what you do with your religion and they should keep their comments to themselves. I do hav one question, why won't your dh do it? Why is he just getting on your case? Maybe you should do it together so you can back each other up. Also, nine months is wayyy too long a time to give!!!!!! With all the apts and houses I've been in, I'm lucky if they give me a month! If you don't have anything in writing, you don't have to wait that long IMO. Its business, these people are not your friends, you need to do whats best for your family. I wish you the best of luck.

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tjrobin31 Posted 2 Feb 2009 , 6:52am
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i think my dh would do it if i would let him, i'm just always worried he's not going to handle it so tactfully, they pretty much annoy the heck out of him and i'm pretty sure he's about ready to blow, but yes it's time for them to go i guess i just needed some reassurance that i wasn't just being anal, thankx for the good wishes, as soon as i get that spine i've been talking about i let ya'll know the results

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veejaytx Posted 2 Feb 2009 , 9:11am
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Seems to me you've been "tactful" and polite, considerate and thoughtful for way too long. These people are making your lives miserable and taking advantage of you and your husband. Maybe it is time to let DH handle it and get them out of there.

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mommicakes Posted 2 Feb 2009 , 1:37pm
post #9 of 21

I would give them their notice to move out. Tactful or not, it is time. I do believe that they have overstepped their "RENTER" status. I rented for many years, before buying my own property, the home is yours, you have been more than patient, and civil. Time to give them "THE BOOT"!!!!!!

good luck

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Deb_ Posted 2 Feb 2009 , 1:40pm
post #10 of 21

From the info. you provided to us it doesn't sound like you guys have a signed agreement (lease) with this couple.

I have a co-worker that owns rental properties. She does have signed leases with all of her tenants, however, even with that she has a hard time "evicting" some of them at times. Even when the lease has expired and they are late on their rent. She was just telling me that she's waiting for a court date for a tenant that hasn't paid her since September icon_eek.gif Unfortunately, renters know that they have the landlords by the you know whats.

Just be prepared that even if you guys go to this couple and tell them they have 3 months (which is plenty of time) to move out, they probably won't. It sounds like they think they're the landlords and you're the tenants. Maybe the first thing you should do is draw up a lease with a new rent amount which is significantly higher than what they are paying you now. Tell them if they do not want to sign the lease, than they have X amount of time to find another place.

I would advise you to speak to an attorney and find out the best way to handle this situation. You definitely don't want to end up in court or in a full blown dispute with them.

Good luck!

Remember you guys OWN this house and you CALL the shots.

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MnSnow Posted 2 Feb 2009 , 2:51pm
post #11 of 21

I think I would give them notice of rent increase. If they complain they can't afford it now, an increase would get them to move or they would pay it. I'd significantly increase it.

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indydebi Posted 2 Feb 2009 , 3:07pm
post #12 of 21

I used to be a landlord. It's business, not personal.

You've pretty much conceeded that you can't do this so turn it over to hubby. This is what I call "Nice Girl Syndrome". As little girls we're taught that we have to be "nice" and not hurt anyone's feeeeeeelinnnnnnngs, so as adults, we've never really learned how to stand up for ourselves because we're so busy worrying about making OTHER people happy and content, with no regard for our own state of mind and what WE need and want. Because that's what "nice" girls do.

It's ok to admit you're not cut out to be the business person in a rental situation. Hand the keys to hubby and tell him "go for it".

I think the rent increase notice will go a long way in getting them out sooner. When I was first married, our apartment bldg was bought by a new owner. 2 months later, he gave us a rent increase and the next day we started working with a realtor to buy a house.

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stephaniescakenj Posted 2 Feb 2009 , 6:42pm
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I was in your exact situation. we bought a two family house a few years ago. It was originally built as a one family but they nailed close two doors downstairs and seperated it. The bottom unit was vacant when we bought it. it only had one bedroom and the upstairs had 2 bedrooms. the tenants upstairs had been there for 17 yrs, we were the third owner since they were living there so they really felt it was their house. we told them from the start we would eventually be moving in so they knew they needed to start looking but a year later they were still there. We even sent them a letter the day of the closing introducing ourselves and saying that within the next year we planned to move in and then set up a time to visit with them that same week and had the same discussion. Eventually we put our other house on the market and we told them again, you need to look for a new place, our house is on the market. Sure enough, they didn't move. Finally when the house sold, we told them our closing date was in 4 weeks and we needed to move in. We said we'd be more than happy to temporarily move in to the first floor but with three kids it might get sort of loud. They magically found a place right away and moved out literally the day before we moved in! We were trying to be nice to them and left the move out date open ended, but you have every right to evict them more forcefully. I'm in property management myself and there are certain laws that allow you to evict when you plan to occupy the space yourself. I would look into your local laws and see what's on the books for grounds for eviction in your state. The first step would be to send them a letter asking them to begin their search for a new home. I would not give them 9 months. In this market, they do not need 9 months to find a home. People are practically giving away rentals these days. I would say to be reasonable, give them 3 months. Send it certified and make sure you keep a copy of the letter and the return receipt from the post office filed in case you do need to take them to court. If they don't acknowledge the letter or seem to not be making any effort to find a new place then I would follow up with another letter reminding them that they need to get a new place and then start looking into a lawyer to file the eviction papers if necessary. you shouldn't have a problem getting rid of them because your family will be occupying the space. Don't feel sorry for them, they had the opportunity to buy the house and didn't. It might be nice for your hubby to offer to help them move but it sounds like they would take advantage of that. One other funny note, we couldn't figure out why our neighbors weren't very friendly for probably 6 months after we moved in, this was strange to us because my husband and I grew up in this town so we knew alot of people. Anyway we found out a little later thay the tenant was on borough council and had bad mouthed us to everyone in town saying we evicted them with 2 weeks notice and forced them to move into a higher priced apartment because they had no time to search for a new house. Everything else was higher priced because we gave them discounted rent for taking care of the lawn and snow removal for us but apparently they missed that clause in their lease and never realized we were giving them credit for that?
Good Luck. My hubby and I run a property management company so if there's anything I can help with, please feel free to PM me.

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tjrobin31 Posted 2 Feb 2009 , 7:10pm
post #14 of 21

thanx everyone for your thoughts and advice,
stephaniescakesnj, we did exactly what you did, three yrs ago we told them that we were planning on occupying the whole house, eventually, and that yes it would be a good idea for them to start looking into other options, that i would give them plenty of time to move and would help them if necessary, and yet here i sit occupying only half of my house, like you it was originally 1 house that was split into two with the addition of a few doors and walls, i'm going to combine everyones advice here, mail a certified letter, and raise the rent, and see what happens, honestly it makes me angry everytime i think about it i can't believe they are complaining about the rent i'm only charging them 300 a month plus their utilities, i think i'm going to hand DH the keys tonite, once agian thanx everyone

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Deb_ Posted 3 Feb 2009 , 1:30am
post #15 of 21

$300 a MONTH? or WEEK? I'm not sure what state you're located in but if that's what they are paying a month, they are getting one heck of a deal. No wonder they don't want to move.

Also I meant to add this to my earlier post but forgot. Tell your kids they can be EXTRA loud and noisy from now on, ya know jumping up and down over the tenants bedroom icon_lol.gif ~~ loud music etc. That along with a rent increase should do the trick.

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tjrobin31 Posted 3 Feb 2009 , 4:14am
post #16 of 21

300 a month, plus their utility bills, and yet they still complain, they actually told my DH that they couldn't afford to have christmas this year because of the rent plus their other bills, which is when i really began to get irritated about the whole thing, i mean heres my poor DH workin his butt off to support three kids plus me, then running home every night to go help them with something or fix something for them that has nothing to do with the house, like their car or whatever cuz we feel bad cuz they're older and she says to him we can't have christmas this yr cuz of our rent, please, trust me i've told the kids to run around like indians on the war path, and they are and having fun doing soo

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Deb_ Posted 3 Feb 2009 , 12:45pm
post #17 of 21

It certainly sounds like this couple is taking advantage of your kindness. Like indy said being a landlord is a business, it's time these people moved on.
I hope it works out for you guys.

I'm still shocked about the $300 rent.......that is very very cheap icon_eek.gif

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Idreamofcakes Posted 3 Feb 2009 , 3:38pm
post #18 of 21

I'm so nosey I can't wait for the outcome! It's like an episode of Peoples Court!

J/K I know this is your life and very serious, I hope it works out for you, and I to agree with let DH handle it. Mine would have done it long ago whether I wanted him to or not...LOL! He is extremely private and no nonsense, and has had his own business for over 2o yrs, he knows how to be direct. I would be like you, letting them stay, helping them, and raging about it all at the same time.
I don't know what the laws are, but I do remember seeing on a court show that the judge said a landlord couldn't raise the rent exorbedandtly (sp?) or something like that. Something else you might want to find out about your state law. All the best to you. You can do it! thumbs_up.gif

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shannon100 Posted 3 Feb 2009 , 4:24pm
post #19 of 21

Because of what Idreamofcakes wrote, I don't think you should raise the rent. You don't want a judge to say "You can't raise it that high." Or what if they just stay and pay it, since it's so much cheaper than everywhere else? I think your DH just needs to say, "We told you when we moved in that we would eventually need you to move out, and the time is now. You have x number of months." Give them a definite move-out date. Send it certified. Talk to a lawyer if you have to. One of the disadvantages of renting is you never know when the property will be sold and you'll have to move. That time has come (and gone!) for them. Good luck. I hope your DH will take over this role for you! Let us know what happens!

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tjrobin31 Posted 3 Feb 2009 , 7:32pm
post #20 of 21

after much thought and taking in everyones advice we've decided to send a certified letter letting them know that they have 6 months to find a new place and get there stuff out, becuz i'm a complete jelly fish i decided to wait until march to send it so they can't say i threw them out in the middle of winter (not that march is any warmer atleast around here)but it sounds like spring anyway,and hopefully that will work of course as i'm sitting here waiting for their rent check which is as usual late, i'm wondering why i'm waiting that long but as i said i've no spine, thank you guys for listening and for the advice and for giving me that final lil push to go do what needed doing , i appreciate it all and will let you know the outcome and hopefully no one will see me on the people's court, although i've always wanted to know what it was like to be on one of those shows thumbs_up.gif

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Kiddiekakes Posted 3 Feb 2009 , 7:37pm
post #21 of 21

I would give them notice as to when you want them out.Period!! It is not your problem how or where they find another place.And since they are not so nice anyway....I would have no problems!!

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