"Evicting" family member from inherited house

Irishchick

Just looking for some advice. I inherited my grandads house which is in my name. My uncle is staying in the house rent free for over ten years. He was an alcoholic but has been dry for years now so I let him stay while he recovered but he's been fine for years now. I didn't mind him living there when I was well and working and he always said he knew It was mine and would have to move on at some stage.

I have several illnesses and need money for tests and consultant fees so I need to sell the house.

I asked him would he consider moving on in around 3 months time. I thought that would be plenty of time for him to save for a deposit (he has a job and a car).


He has turned nasty (abusive phone calls) and has just said outright that we won't leave even though he knows how ill I am and how much I need the funds for medical reasons. He says he won't leave and I'll have to evict him.

I just want to know will he have any claim to the house even though he's never paid rent and is not a tenant?

I mentioned it in passing to my solicitor months ago (when I was just considering this) and he said my illness is grounds enough to have him evicted if he won't leave.

How much notice am I legally required to give someone who doesn't pay rent?

Does a solicitor just send a letter? If he doesn't leave then what?

4ensic15

Irishchick wrote: »

Just looking for some advice. I inherited my grandads house which is in my name. My uncle is staying in the house rent free for over ten years. He was an alcoholic but has been dry for years now so I let him stay while he recovered but he's been fine for years now. I didn't mind him living there when I was well and working and he always said he knew It was mine and would have to move on at some stage.

I have several illnesses and need money for tests and consultant fees so I need to sell the house.

I asked him would he consider moving on in around 3 months time. I thought that would be plenty of time for him to save for a deposit (he has a job and a car).


He has turned nasty (abusive phone calls) and has just said outright that we won't leave even though he knows how ill I am and how much I need the funds for medical reasons. He says he won't leave and I'll have to evict him.

I just want to know will he have any claim to the house even though he's never paid rent and is not a tenant?

I mentioned it in passing to my solicitor months ago (when I was just considering this) and he said my illness is grounds enough to have him evicted if he won't leave.

How much notice am I legally required to give someone who doesn't pay rent?

Does a solicitor just send a letter? If he doesn't leave then what?

A solicitor sends a letter before action. After that he issues legal proceedings if necessary.

athtrasna

It's not a tenancy as defined by the RTA so this appears to be a private situation. You need to act reasonably fast as 12 years occupancy is what's needed to claim squatters rights. You need to work with your solicitor to take back the property asap.

Eric Cartman

athtrasna wrote: »

It's not a tenancy as defined by the RTA so this appears to be a private situation. You need to act reasonably fast as 12 years occupancy is what's needed to claim squatters rights. You need to work with your solicitor to take back the property asap.

From the sounds of nasty phone calls etc.. Id imagine somebody has told the uncle this and he is hanging on for the 12 year threshold. Talk to a solicitor and treat it as though your uncle is a trespasser rather than a tenant.

Water John

That requires 12 years uncontested nor acknowledged, I think.
Does not apply here, as uncle acknowledged the ownership.

Mrs OBumble

Water John wrote: »

That requires 12 years uncontested nor acknowledged, I think.
Does not apply here, as uncle acknowledged the ownership.

This.

There was a case in Galway a while back where the squatter appeared on the surface to have uncontested possession.

But the owner was able to prove that s/he had been paying the insurance on the house all along, and just this was enough for the squatter to lose. (Given that the owner had a decent lawyer).

OP, you absolutely need the advice of a good solicitor here. But as well, are there any other family members who can get involved here on your behalf?

thestar

No chance whatsoever of an AP(squatters rights) case here

r0qi4162fux9kg

Move in. Or have some friends move in.
Make it uncomfortable.
Perhaps plan some renovations...
As mentioned, this isn't a typical rental situation - so you can get as imaginative as you like.

CreepingDeath

Irishchick wrote: »

Just looking for some advice. I inherited my grandads house which is in my name.

So your uncle was your grandfathers son, effectively living in his parents house ?
Did he contest the will or get anything out of it ?
Is he due a portion of the proceeds of the sale ?

Irishchick wrote: »

My uncle is staying in the house rent free for over ten years.

You had the house for over ten years, or he stayed with his father rent free for over ten years? How long have you owned it for ?

ct5amr2ig1nfhp

If ou don't want to get involved yourself to the degree of lifting him out of the house physically, get on to your solicitor the get the eviction started immediately. It's a *long* process, so you need to get it started immediately.

Lantus

An eviction is a very long and expensive process. You should establish with your solicitor your legal right to enter this property which as others have said should be straightforward compared to a regular paid tenancy.

Once established I'd give fair warning to uncle that builders will be entering in x weeks to strip and gut property and there will be no power or water. All miscellaneous rubbish in the property that is not removed will be skipped
This will cost much less and be quick.

Irishchick

The will was probated before the 12 years and I pay house insurance. He wanted something done with the house and needed a letter saying he didn't own the house he was just staying there so the solicitor says he has no squatters rights.

He was not left the any house or money in the will. He made my grandparents (his parents) life a living hell so we all knew they wouldn't include him in the will.

I will be talking to my solicitor this week to start the procedure. How long can the process take?
months? Years?

If he refuses to leave after a stated date can the guards not remove him?

Irishchick

CreepingDeath wrote: »

So your uncle was your grandfathers son, effectively living in his parents house ?
Did he contest the will or get anything out of it ?
Is he due a portion of the proceeds of the sale ?



You had the house for over ten years, or he stayed with his father rent free for over ten years? How long have you owned it for ?

No he did not contest the will and is not entitled to any percentage of sale.

The he stayed there for ten years rent free. I had the will probated over a year ago so it's been in my name for about a year.

Lantus

A typical rental eviction can take at least 12 months and cost 4 to 8 thousand? if all legal fees and trips to court are allowed for.

Hence why alternative solutions if available should be used unless solicitor can promise it will be quick and cheap.

Irishchick

Lantus wrote: »

A typical rental eviction can take at least 12 months and cost 4 to 8 thousand? if all legal fees and trips to court are allowed for.

Hence why alternative solutions if available should be used unless solicitor can promise it will be quick and cheap.

Which alternative solutions? I don't think sending builders and such in would make him leave. He seems adamant.

4ensic15

It would be an eviction through the courts. It would take a few months typically. If he is ordered to go and does not, he can be motioned for contempt of court and put in jail until he agrees to go.

Riverireland

OP, use the public hospital system for the tests you need to have done! You shouldn't have to pay for tests privately.

With regard to your Uncle, was he mentioned in the will or was he skipped over? Of course you're entitled to the house if it was left to you in the will. Just thinking your uncle might feel a bit emotionally attached to it if he grew up in it, he might also be wondering why it wasn't left to him as you might expect it would have been.

You could be creating huge long term problems with other extended family members if you are seen to be putting your uncle out on the street so tread carefully and tactfully.

Marcusm

4ensic15 wrote: »

It would be an eviction through the courts. It would take a few months typically. If he is ordered to go and does not, he can be motioned for contempt of court and put in jail until he agrees to go.

I'm not sure a court order is needed if it is possible to exclude him from access to the house.

OP: get legal advice.

However, your uncle is not and never has been a tenant, neither under the Residential Tenancies Act nor under antecedent legislation.

You cannot physically pick him up and remover him from the property. However, when he is at work, there is, as far as I can see, no reason why you cannot enter the house and change the locks denying him access to the property. You must take care of his belongings and allow him access to remove them or you could arrange for them to be removed and give him access to them. Any forced entry by your undcle at that point is necessarily a criminal act - damage would be required for him to enter a locked property. This course of action is essentially how squatters are appropriately dealt with. It's also why a squat is/was never left unoccupied.

Before anyone screams at me, I am not some rampaging right wing eviction specialist. However, in the circumstances, it is hard to see that this is not an equitable outcome. After all this you have allowed him free unfettered occupation over a decade and have also made your personal circumstances known to him.

4ensic15

Whatever about the legalities. The o/p is ill and would have to sit in the house when the uncle returns and hope the guards turn up promptly when they are called. It is far better that he leaves voluntarily.

Marcusm

4ensic15 wrote: »

Whatever about the legalities. The o/p is ill and would have to sit in the house when the uncle returns and hope the guards turn up promptly when they are called. It is far better that he leaves voluntarily.

She wouldn't have to wait in the house; the locks are changed and a letter ones to the door setting out the person (friend, other non ill family member etc) whom they should contact. The locksmith should provide a receipt that the locks have been changed and a copy of that receipt and the letter should be lodged with the local barracks.

CreepingDeath

Irishchick wrote: »

The he stayed there for ten years rent free. I had the will probated over a year ago so it's been in my name for about a year.

I know this is a little side-tracked, but just trying to get the facts.

Were you left it 10 years ago, and only legally got the house signed over last year ? Or you only legally own the house one year ?

TheDoc

Feel for you OP, property inheritance tends to be a nightmare in families

Just moved into a new rented property over the weekend. Landlord had a two year legal battle with a sibling over ownership of the house.

ct5amr2ig1nfhp

If you only have the property in your name for about a year, you could be in serious trouble and need to get onto your solicitor pronto.

The house was in the deceased persons name for nearly 10 years and he's been living there the entire time.

Do some research on 'adverse possession' - the time frame is reduced from 12 years to 6 years where the property is in the deceased persons name during that time.

Irishchick wrote: »

No he did not contest the will and is not entitled to any percentage of sale.

The he stayed there for ten years rent free. I had the will probated over a year ago so it's been in my name for about a year.

2Mad2BeMad

when he leaves the house for work
change the locks
sorted?
or is that illegal?

4ensic15

Marcusm wrote: »

She wouldn't have to wait in the house; the locks are changed and a letter ones to the door setting out the person (friend, other non ill family member etc) whom they should contact. The locksmith should provide a receipt that the locks have been changed and a copy of that receipt and the letter should be lodged with the local barracks.

A civil dispute has nothing to do with the Garda. They do not want to have anything to do with receipts. They will come out if there is a potential breach of the peace, when someone tries to barge in. Self help remedies in this situation are usually a disaster. O/p changes locks, uncle breaks in when the house is empty and changes the locks himself. End result is court anyway and o/p having to explain changing locks and losing the sympathy of the judge.

Water John

If the OP was paying insurance on this house for the last 10 years, AP could not be successful.

Irishchick

Riverireland wrote: »

OP, use the public hospital system for the tests you need to have done! You shouldn't have to pay for tests privately.

With regard to your Uncle, was he mentioned in the will or was he skipped over? Of course you're entitled to the house if it was left to you in the will. Just thinking your uncle might feel a bit emotionally attached to it if he grew up in it, he might also be wondering why it wasn't left to him as you might expect it would have been.

You could be creating huge long term problems with other extended family members if you are seen to be putting your uncle out on the street so tread carefully and tactfully.

The waits on the public system are over two years. I can't suffer for that long.

He was cut out because he abused my grandparents physically and emotionally for over 20 years. He has also verbally abused every other member of the family so they have no problem with him being made to leave.

We left him in the house until now for a quiet life. But I need the money now for health care.

Irishchick

CreepingDeath wrote: »

I know this is a little side-tracked, but just trying to get the facts.

Were you left it 10 years ago, and only legally got the house signed over last year ? Or you only legally own the house one year ?

I was mistaken. It's been legally mine for about two years.

The house was left to me but my mother had the say on what happened to the house until I was 21 so I could not have probated the will until then.

After I turned 21 I had to wait simply because I did not have the money to pay solicters fees to probate the will. I was finally able to do it two years ago.

I am seeing my solicitor on Thursday but I remember him saying before that he had no legal right to the house and because I have more than one chronic illness it really helps my claim?

4ensic15

Irishchick wrote: »

I was mistaken. It's been legally mine for about two years.

The house was left to me but my mother had the say on what happened to the house until I was 21 so I could not have probated the will until then.

After I turned 21 I had to wait simply because I did not have the money to pay solicters fees to probate the will. I was finally able to do it two years ago.

I am seeing my solicitor on Thursday but I remember him saying before that he had no legal right to the house and because I have more than one chronic illness it really helps my claim?

Even if you were an olympic athlete at peak fitness and worth several million euro, it would not afford him a defence. It is either your house or it is not. that is all a court will be concerned about.

pinkypinky

Check with your solicitor on Thursday but I'd just go in while he's at work and get the locks changed pronto.

4ensic15

pinkypinky wrote: »

Check with your solicitor on Thursday but I'd just go in while he's at work and get the locks changed pronto.

How do you know he works?

Joeseph Balls

4ensic15 wrote: »

How do you know he works?

Because the Op said so...

4ensic15

Joeseph Balls wrote: »

Because the Op said so...

The o/p did not say so.

jay-me

Irishchick wrote: »

Just looking for some advice. I inherited my grandads house which is in my name. My uncle is staying in the house rent free for over ten years. He was an alcoholic but has been dry for years now so I let him stay while he recovered but he's been fine for years now. I didn't mind him living there when I was well and working and he always said he knew It was mine and would have to move on at some stage.

I have several illnesses and need money for tests and consultant fees so I need to sell the house.

I asked him would he consider moving on in around 3 months time. I thought that would be plenty of time for him to save for a deposit(he has a job and a car).


He has turned nasty (abusive phone calls) and has just said outright that we won't leave even though he knows how ill I am and how much I need the funds for medical reasons. He says he won't leave and I'll have to evict him.

I just want to know will he have any claim to the house even though he's never paid rent and is not a tenant?

I mentioned it in passing to my solicitor months ago (when I was just considering this) and he said my illness is grounds enough to have him evicted if he won't leave.

How much notice am I legally required to give someone who doesn't pay rent?

Does a solicitor just send a letter? If he doesn't leave then what?

Ahem!

Irishchick

<mod snip :please don't feed the trolls>

I tried to negotiate with him. I asked him could he use the next few months to save for a deposit. He works full time so there is no reason he should not be able to save for a deposit.

I was happy to let him stay for the next 6 months if he needed to get a deposit together. He lives rent free snd works full time so this should not be an issue.

I told him it was because I needed money for surgery. His response was to be extremely verbally abusive to me. He is not willing to negotiate. His reply after verbally abusing me was that I will have to evict him to get him out. He won't negotiate so what other choice do I have?

He is a family member who beat my grandparents and stole from them. He harassed my grandmother so much she spent the latter years of her life in a mental institution. He even went to the institution and stole money out of her pocket while she was an in patient! He threatened her and she had to give him money to make him leave! The whole family was terrified of him for years!

He has physically assaulted almost every member of the family. He has verbally abused people in the town. He has stolen from business In the past. He has been in and out of jail for most of his life up to about 15 years ago. He has has a history of violence and substance abuse.

He is not a decent human being.

I'm not feeding anyone a sob story. I have two chronic illness and and am probably about to be diagnosed with a third. I will take chemotherapy medication for the rest of my life. It's a fact not a sob story.

My hip is so badly damaged I can barely move. I have been told I can either lie in pain for three to four years on the public system or pay and have the operation in a few months.

This is why I need money. So don't be so quick to assume I'm the bad one.

4ensic15

jay-me wrote: »

Ahem!

Just because he has a job doesn't mean he works.

Irishchick

4ensic15 wrote: »

Just because he has a job doesn't mean he works.

He works full time.

Mrs OBumble

OP - you need to think about where he might go.

With that kind of history, I do not see that it is likely he will buy a house. Even if he saves for a deposit, it is unlikely that he will be in a good enough job to qualify for a mortgage. And he will struggle to get private sector rental accommodation if he's well known in the area as troublesome, and has no landlord references.

Frankly, you need to have the assistance of older relative to sort this out. They may need to engage the assistance of the guards (via a friend of a friend arrangement) - or perhaps local politicians, who are know for helping to sort out problems. There is no way that a disabled 20-something will be able to do it.

One option could be to sell the house for less than it's worth, to someone who knows about the situation and is willing to take on the challenge of dealing with him.

Irishchick

Mrs OBumble wrote: »

OP - you need to think about where he might go.

With that kind of history, I do not see that it is likely he will buy a house. Even if he saves for a deposit, it is unlikely that he will be in a good enough job to qualify for a mortgage. And he will struggle to get private sector rental accommodation if he's well known in the area as troublesome, and has no landlord references.

Frankly, you need to have the assistance of older relative to sort this out. They may need to engage the assistance of the guards (via a friend of a friend arrangement) - or perhaps local politicians, who are know for helping to sort out problems. There is no way that a disabled 20-something will be able to do it.

One option could be to sell the house for less than it's worth, to someone who knows about the situation and is willing to take on the challenge of dealing with him.

When I say deposit I mean deposit for rent not a mortgage. He's working full time and paying no rent so I thought six months would be more than enough time to save a months rent to use as a deposit for a small house / apartment.

I also told him that I would happily take minimal rent ( even like €10) so I could say he was a paying tenant who paid on time and never caused trouble. That was also thrown back in my face.

This was all about ten years ago. Even though he verbally abuses us believe it or not many people in the town now think he's an angel whose turned his life around. We haven't led anyone to believe otherwise because it's not anyone's business and I'm not one to spread gossip even when he is so verbally abusive.

So believe it or not he won't have any issues with finding a place to rent. People are mad to rent at the minute and people in this town seem to have a very short memory. He has loads of friends.

wyrn

OP I don't mean to worry you, but I think you should be careful in case he damages the house. Personally I would not approach him until after you speak to the solicitor who can give you sound legal advice. From the way you've described him, I could see the house being severely damaged when he's being forced to leave.

Irishchick

wyrn wrote: »

OP I don't mean to worry you, but I think you should be careful in case he damages the house. Personally I would not approach him until after you speak to the solicitor who can give you sound legal advice. From the way you've described him, I could see the house being severely damaged when he's being forced to leave.

I think he is more than capable of this. He's threatened to burn the house down before. I'm almost expecting it. I have not contacted him since and won't be doing so until I have seen a solicitor.

wyrn

Irishchick wrote: »

I think he is more than capable of this. He's threatened to burn the house down before. I'm almost expecting it. I have not contacted him since and won't be doing so until I have seen a solicitor.

I wish you luck OP. Would it be a good idea to pop into the guards and let them know that he's threatened this and that you fear that he might do something drastic, just so it's on the record. But without them popping down to him for a chat, in case that sets him off.

sunny2004

the only advice you need is from a solicitor

h2005

4ensic15 wrote: »

Just because he has a job doesn't mean he works.

What???

Gatling

I'd be weary dealing with your uncle especially if he has a history of violence, I certainly wouldn't be running in there and changing the locks when he pops out ,
Chances are he would just force re entry essentially into his home ,
I'd stick to qualified and paid legal advice rather than strangers online ,
Sound like a lot of a 24ish year old to deal with especially with poor health ,

ted1

Irishchick wrote: »

No he did not contest the will and is not entitled to any percentage of sale.

The he stayed there for ten years rent free. I had the will probated over a year ago so it's been in my name for about a year.

Did heckling be there when his father was alive ?

Irishchick

ted1 wrote: »

Did heckling be there when his father was alive ?

Yes he terrorised them both when they were alive. They lived in fear of him. They wouldn't make him leave because they honestly thought he would kill them. He nearly killed my grandmother once.

My grandmother ended up in a mental institution because of it. The stress killed her in the end.

athtrasna

Mod note

A number of posts which did not contribute to helping the OP have been deleted. Please think before you post, also please report objectionable posts, rather than retort on thread. Thanks

Wanderer78

sounds like this chap is very mentally unstable. this needs to be dealt with carefully. apologies but ive no real advice op. best of luck with it and your own well being

HelenV

Irishchick wrote: »

The waits on the public system are over two years. I can't suffer for that long.

He was cut out because he abused my grandparents physically and emotionally for over 20 years. He has also verbally abused every other member of the family so they have no problem with him being made to leave.

We left him in the house until now for a quiet life. But I need the money now for health care.

Your uncle seems to be one nasty piece of work. Do as other posters have said and get legal advice immediately. If he threatens you you can apply to the court for a Safety / Protection Order. The gardai will respond immediately if he gives you any grief during the period the Order is in place. If you've ever mentioned to your GP or reported him to the gardai previously this will support your application in court.

You are not responsible for keeping a roof over this guy's head and no doubt he's not a happy bunny that you've inherited the property. If he's served with an Eviction Order he can go to the Council and put his name down on the housing list - they may even consider him a priority and give him emergency accommodation.

Depending on your own circumstances you may even qualify for legal aid so you could probably check this out with your local Legal Aid Board.

Best of luck. You've got a nasty battle on your hands but you cannot let this thug rule your life.

Lantus

Get the legal advice but if he is likely to cause damage to the property you changing the locks or a lovely official eviction wont take much difference.