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#11
05-15-2007, 01:38 PM
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Re: Calling Lawyers / Law students for help
[ QUOTE ]
[ QUOTE ] In my country America we have the right to do what we want with trespasars. Start by getting pointing a gun at them while yelling GET THE [censored] OUT! If you don't have the potatoe sack to do that get a baseball bat and swing away. Or for you Canadians get a hockey stick. Why do people live in gas stations anyway? [/ QUOTE ] QFT. Also, it's not a civil manner in the US (I think you meant civil matter) because they're tresspassing, which is a crime. This is reason number 3320 to annex canada, stupid things like this. [/ QUOTE ] Note to self: don't go to Suffolk Law School. 
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#15
05-15-2007, 07:01 PM
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Re: Calling Lawyers / Law students for help
[ QUOTE ]
[ QUOTE ] [ QUOTE ] In my country America we have the right to do what we want with trespasars. Start by getting pointing a gun at them while yelling GET THE [censored] OUT! If you don't have the potatoe sack to do that get a baseball bat and swing away. Or for you Canadians get a hockey stick. Why do people live in gas stations anyway? [/ QUOTE ] QFT. Also, it's not a civil manner in the US (I think you meant civil matter) because they're tresspassing, which is a crime. This is reason number 3320 to annex canada, stupid things like this. [/ QUOTE ] You are getting some bad advice about American law in this thread. Tenants living on a property do not become trespassers merely because they have not paid rent, or their lease has expired, or their landlord wants them to leave. They would typically be termed "tenants at sufferance". They cannot be charged with criminal trespass, and the landlord cannot forcibly remove them from the property. They can be forcibly evicted by law enforcement. But in order to do this, the landlord first has to bring an eviction action against them in court. So if you were in the US, you would still need to sue. [/ QUOTE ] As far as I can tell they were never asked to pay rent, but invited in as guests. Since they don't have any explicit agreement or lease, they're tenants at will . Tenancy at Sufferenace implies they are holdovers from a previous lease that expired. Being tenants at will, they have to get out whenever the landlord gives notice. Look it up on wiki. We didn't really cover enforcement in property, but yeah, I guess you might have to sue in this case to get them out.
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#16
05-15-2007, 07:29 PM
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Re: Calling Lawyers / Law students for help
it might even be more complex than that, as an argument can be made that this is not a tenancy at all (i.e. not an estate), but a mere license to use the property.
either way, suing them is probably your best option and there should be no problems getting them out going that route. i wouldn't exercise self-help, as some states (and maybe Canada too) have statutes that limit the use of force in evicting people, and will open you up to damages if choose to do so.
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#17
05-16-2007, 12:32 AM
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Re: Calling Lawyers / Law students for help
[ QUOTE ]
it might even be more complex than that, as an argument can be made that this is not a tenancy at all (i.e. not an estate), but a mere license to use the property. either way, suing them is probably your best option and there should be no problems getting them out going that route. i wouldn't exercise self-help, as some states (and maybe Canada too) have statutes that limit the use of force in evicting people, and will open you up to damages if choose to do so. [/ QUOTE ] yeah I hadn't really read this through because I'm busy studying for my last final, Civ Pro. However, yeah that's what I kinda thought from my first run through, which is why I thought it might be a criminal thing because I thought OP's family gave them permission just to run the gas station, and they ended up moving their [censored] in. I mean I don't know if that would still count as criminal (probably not), but it seems more like they have a license at best, and more likely moved in w/o permission.
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#18
05-16-2007, 12:58 AM
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Re: Calling Lawyers / Law students for help
[ QUOTE ]
Tenants living on a property do not become trespassers merely because they have not paid rent, or their lease has expired, or their landlord wants them to leave. They would typically be termed "tenants at sufferance". They cannot be charged with criminal trespass, and the landlord cannot forcibly remove them from the property. They can be forcibly evicted by law enforcement. But in order to do this, the landlord first has to bring an eviction action against them in court. So if you were in the US, you would still need to sue. [/ QUOTE ] [ QUOTE ] As far as I can tell they were never asked to pay rent, but invited in as guests. Since they don't have any explicit agreement or lease, they're tenants at will . Tenancy at Sufferenace implies they are holdovers from a previous lease that expired. Being tenants at will, they have to get out whenever the landlord gives notice. Look it up on wiki. [/ QUOTE ] “A tenancy at will is characterized by its indefinite nature; it may be terminated at any time after either the landlord or the tenant gives proper notice. In most states, the tenant is permitted to remain on the premises for a specific period after notice is given” “A tenancy at sufferance results when a person in possession of real estate refuses to leave after his right to occupy the property have ceased. This is technically not an estate because the tenant has no right or permission to remain on the real estate; however, neither is the occupancy a trespass because the tenant’s original entry onto the property was rightful.” According to U.S. law, if it is a tenancy at sufferance you do not have the right to physically go in to the place and remove the occupants. I’m pretty sure that most people who do this still pay rent, they just aren’t allowed to be there based on the terms of the lease. However, I don’t think a tenancy was created. Based on what OP said, I think this is a license, which gives these people the right to enter the premises for a specific purpose. (In this case, to test out the business) This would give them right, title, or interest in the property. So I think you could have them arrested for trespassing. But always better just to contact a lawyer who specializes in real estate law.
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#19
05-16-2007, 01:45 PM
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Re: Calling Lawyers / Law students for help
I'm pretty sure that this would be interpreted by a court as a tenancy regardless of any rent agreement, mostly because it was a commercial arrangement (e.g. as opposed to letting some relatives move in with you for a couple months). Whether it is "at will" or "at sufference" doesn't matter. You have to sue for eviction if you want them to leave.
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#20
05-16-2007, 03:46 PM
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Re: Calling Lawyers / Law students for help
Give them notice to get out.
File an unlawful detainer action. Get an order from court booting them off property. Bring sheriff along with your court order and have them removed. That's how it is typically done in the US. You should probably hire an attorney as Canada law may be way different. This would probably be a fairly inexpensive process if they in fact have no right to possession of the property.
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