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"Evicting" family member from inherited house

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  • 30-05-2016 8:05pm
    #1
    Irishchick
    Registered Users Posts: 1,151 ✭✭✭


    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?


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    #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭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.


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    #3
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭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.


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    #4
    Eric Cartman
    Registered Users Posts: 26,282 ✭✭✭✭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.


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    #5
    Water John
    Registered Users Posts: 21,220 ✭✭✭✭Water John


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


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    #6
    Mrs OBumble
    Registered Users Posts: 25,809 ✭✭✭✭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?


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    #7
    thestar
    Registered Users Posts: 503 ✭✭✭thestar


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


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    #8
    r0qi4162fux9kg
    Closed Accounts Posts: 118 ✭✭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.


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    #9
    CreepingDeath
    Closed Accounts Posts: 8,016 ✭✭✭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 ?


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    #10
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,019 ✭✭✭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.


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    #11
    Lantus
    Registered Users Posts: 3,027 ✭✭✭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.


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    #12
    Irishchick
    Registered Users Posts: 1,151 ✭✭✭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?


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    #13
    Irishchick
    Registered Users Posts: 1,151 ✭✭✭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.


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    #14
    Lantus
    Registered Users Posts: 3,027 ✭✭✭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.


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    #15
    Irishchick
    Registered Users Posts: 1,151 ✭✭✭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.


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    #16
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭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.


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    #17
    Riverireland
    Closed Accounts Posts: 833 ✭✭✭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.


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    #18
    Marcusm
    Registered Users Posts: 10,231 ✭✭✭✭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.


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    #19
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭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.


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    #20
    Marcusm
    Registered Users Posts: 10,231 ✭✭✭✭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.


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    #21
    CreepingDeath
    Closed Accounts Posts: 8,016 ✭✭✭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 ?


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    #22
    TheDoc
    Registered Users Posts: 23,137 ✭✭✭✭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.


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    #23
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,019 ✭✭✭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.


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    #24
    2Mad2BeMad
    Registered Users Posts: 2,790 ✭✭✭2Mad2BeMad


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


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    #25
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭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.


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    #26
    Water John
    Registered Users Posts: 21,220 ✭✭✭✭Water John


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


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    #27
    Irishchick
    Registered Users Posts: 1,151 ✭✭✭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.


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    #28
    Irishchick
    Registered Users Posts: 1,151 ✭✭✭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?


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    #29
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭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.


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    #30
    pinkypinky
    Moderators, Society & Culture Moderators Posts: 6,639 Mod ✭✭✭✭pinkypinky


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

    Genealogy Forum Mod



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    #31
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭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?


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