Need "legal" advice about evictions (page 3)

MinisterAmos

if they can claim quiet title under adverse possession laws.

Not in FL they cannot

Dear WuzDubs (again, peace to you!), I can see where you're coming from but, again, I only deal in accurate information (and given the responses you have been given, people should totally understand why the BEST advice is "you should consult an attorney". Because some of these well-intended folks aren't telling you accurately!). To that end...

1. Contrary to what has been stated here, there is no "adverse" possession here... FIRST AND FOREMOST because you KNOW about them. A showing of ADVERSE possession must include the element that occupation was made WITHOUT your knowledge. While everyone ELSE may know (i.e., folks have seen the person there for some time and even thought they had a right to be there)... YOU cannot have known. Because if you knew about their presence... but did nothing ABOUT it... they are there by YOUR permission. You allowed (i.e., permitted) it. In that same vein, although you didn't agree with your husband to allow them to be there... as guests or otherwise... the fact that you KNOW they are there... have known they are there... will yet know that they are there, even up to March of 2011... but have done NOTHING about it... means they are there... by YOUR permission. The courts usually consider silence as "assent" or "agreement."

2. You stated that "just because someone helped make improvements on a place does not entitled them to some kind of ownership." Unfortunately, that is not the law. IF a person has occupied premises for a period of time... and made substantial improvements to it... they may actually be able to make a claim of ownership. I cannot recall the term (it is NOT adverse possession!), but I will post it once I find it; however, this most often occurs where there was a promise to sell, and IN RELIANCE on that promise, the "buyer" makes substantial improvements to the property. Even if no actual payment has been made toward the purchase. This is because THE VALUE OF THE IMPROVEMENTS may be looked upon as "consideration" for the promise. Which is necessary to form a CONTRACT. Meaning, if you husband made them some kind of promise to sell the property them including, perhaps, a lease option to purchase or something similar, then you really do need a lawyer. Because by LAW, they may actually be able to force you to sell the property to them... only pursuant to property law, but also pursuant to CONTRACT law.

Dear WuzDubs... I did not lie to you: if you want them out you will most probably have to go to court and file a UD (unless they agree to leave when you ask them to)... AFTER you serve them Notice of Termination (and yes, ALL adults, including the two sons, need to be served). If you do nothing NOW... you really won't have much of a leg to stand on in March 2011. Because the court WILL consider them there BY YOUR PERMISSION... because you KNOW about them... and have done nothing to REMOVE them. Your doing NOTHING... can... and most probably will... be interpreted by the court as assention. Surely, you understand that?

Okay, so now I'm gonna take my little bit of property/landlord-tenant/contract law knowledge and move on. Because this looks like its really going to turn out to be much more than a simple eviction... now or in 2011. If all the facts are as you state them, then unless you know for sure that they WILL leave if and when you ask them to... you really should consult an attorney.

BIG HUGS to you, too, and again, I bid you peace!

Your servant and a slave of Christ,

SA

AGuest

Not in FL they cannot

Actually, they can in Florida, dear Rev. Amos (peace to you!), under Florida Statute Title VIII, Chapter 95:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0095/titl0095.htm

Again, peace to you!

A slave of Christ,

SA

WuzLovesDubs

SA...Im going to have a sit down with him within the week and tell him exactly what my intentions are. If he doesnt agree that they need to leave and that he is going to tell them forthwith, I am going to inform him that I will be seeking a lawyer in the matter to have them removed. And Im not waiting until December to begin the process. No check that...Im probably going to get a lawyer anyway because I dont trust him to tell them and I dont trust that he wont co-conspire with them to turn this around on me and call it an illegal eviction so...lawyer it is.

Thank you again :)

upnorth

Bad smells can make people move along, have you considered gassing them ?

WuzLovesDubs

Upnorth I wouldnt do that to my cats who still live there LOL. Bad enough they arent allowed in the house any more because the JWs have a nasty little DOG.

Elsewhere

If you really want to make things start happening, hire a lawyer.

Go do it now.

AGuest

so...lawyer it is.

Excellent, dear WuzLoves... and may the Most Holy One of Israel, JAH of Armies, grant you success! While your husband may assert that he "had to do what [he] had to do," financially, he still should have consulted you. Indeed, your tenants most CERTAINLY should have consulted you... regardless of their feelings for or about you... because it IS your house! (Always amazes me what they think they can just do and get away with! JWs always seem to find ways to justify their very unloving conduct (usually, it's "Well, we're JWs, so of course we're right..."). What "self-assuming, haughty" self-righteousness some of them have!

Tell you what: if any of them try to give you problems about this ("Oh, you apostate! Who are YOU to sue US?"), direct them to Matthew 5:25, 26, which states:

" 25 “Be about settling matters quickly with the one complaining against you at law, while you are with him on the way there, that somehow the complainant may not turn you over to the judge, and the judge to the court attendant, and you get thrown into prison. 26 I say to you for a fact, You will certainly not come out from there until you have paid over the last coin of very little value."

Notice, this is not with reference to a "brother" who is complaining at law, so it would certainly apply to anyone ELSE who is taking them to court! So, tell them that since THEY are the ones who are so "righteous"... then THEY should be following what "the Bible" says about matters where someone is taking you to court. Tell them, if they can't "set an example" by getting OUT of your house... where they shouldn't be without your permission anyway... then perhaps they'll prove you wrong (i.e., that YOU are not the "apostates" but THEY are) by following THIS directive.

Which would make it all easier for you. But don't hold your breath, dear one. I am sure there is some "elder", etc., that's going to tell them that YOU are wrong... and they're only "victims" of your "apostasy." Ignore that and do what you need to.

Again, I bid you the greatest of love and peace!

A slave of Christ,

SA

Need "legal" advice about evictions

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