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Mom, guest or tenant Eviction Defense

Discussion in 'Other Residential Landlord & Tenant Issues' started by quincyrara, Dec 20, 2013.

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  1. quincyrara

    quincyrara Law Topic Starter New Member

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    My mother used the proceeds of her home in NY to construct an inlaw apt within my sisters home in TN. The apartment was created by taking a "rec room and a portion of the garage." There was not any lease created as my mother was intended to stay within as a permanent resident.
    Seven years passed and my mother is scheduled to appear in court after being served an "unlawful retainer summons."
    She never paid rent and was not given any prior documentation stating any bills were owed. She used her own money to construct that apartment. The description on the Eviction notice indicates guest. She owns that apartment... does that mean she owns a portion of the entire house?

    Somebody please shed light on this for me. Please??
     
  2. Proserpina

    Proserpina Moderator

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    From what you've said, she doesn't even own the apartment. She'll need to speak with an attorney where the property is located to see what can or can't be done.
     
  3. army judge

    army judge Super Moderator

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    Your sister is going to enjoy the nice remodeling GIFT.

    Your mother DONATED funds to improve her daughter's home, and now her loving daughter wants her SQUATTING, DEADBEAT MAMMY gone.

    So, she's bring an eviction to have her ordered GONE by a good TN judge.

    Here's a thought, why don't you take mother into your home?

    She's going be evicted soon, anyway.

    Save her more embarrassment, and go fetch her, take her to your house.

    Sorry, mom has nothing to stand on or defend.

    If it ain't in writing (and sometimes if it is), it never happened or was said.

    I'm a firm believer that no adult except a married couple should ever live under one roof.

    That's because if the marriage goes sour (and 50% do), the divorce laws determine how to divide and dissolve things.
     
  4. disagreeable

    disagreeable Well-Known Member

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    She did get about $70k in free rent.
     

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