If my father allowed a friend to stay in his home because he borrowed money, is there any legal way to getthis personout of the house?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my father allowed a friend to stay in his home because he borrowed money, is there any legal way to getthis personout of the house?

The friend is now taking advantage of the situation and saying my father is responsible for more that just what he originally owed. My father is willing to continue making payments to the man to pay off the remainder of what he owes but would like him out of the house. Is there a legal way of getting him out and is there a risk of my father being sued?

Asked on February 9, 2012 under Real Estate Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Owing somebody money does NOT mean you have to let that person stay in the home. If the person is paying rent to your father, he is a tenant; in that case, your father would have to evict  him through the courts, and could only evict him 1) for breach of the lease or nonpayment of rent; 2) on 30 days notice if there  is an oral lease or a written month-to-month leasee; or 3) at the end of a written lease term, if the lease is not renewed.

If the person is not paying your father, he is a guest, and your father may ask him to leave at any time. If he won't leave, he becomes a trespasser; your father should be able to call the police to help remove him. Again, the fact that your father may owe him money has no bearing on his right to stay in your father's home.

Note that your father only owes the person the sum borrowed plus any interest or fees which were agreed to at the time of the loan; this person may NOT simply decide to increase what your father owes.

One possibility: if the person needs a place to stay, can your father work out a deal with him whereby each week he stays, a certain amount (e.g. $50 or $100) is deducted from what your father owes him? He would pay "rent" by reducing your father's debt. If your father wants to and can work out such a deal, make sure it is in writing.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption