At Will Oral Tenancy : I didn't know that it would be binding unless there was a witness. I would think that any kind of "oral" contract would fall into the grey area because without a witness, or "recorded" statement it is just his word against yours.
(Remember that Mickael Keaton movie where he was "the tenant from hell?)

I think Monday morning there should be a S-B.com "meeting" at your fathers house and escort this clown out. I'l provide the first 30 pack of beer and a couple of pizzas for anyone that shows. I'm serious so just say the word and i'll be there.

Some quick law searches resulted this

There is under Massachusetts law (MGL ch.
260, sec.21), a way that you could acquire a property by
moving into it and “squatting”. Squatter’s Rights are
legally known as Adverse Possession. Under the law of
adverse possession, one can lose their real property to
another. The doctrine of this law is one that discourages
disuse of property, thus, if property was abandoned, and
someone else “squatted” on it for a number of years, the
squatter could gain ownership over the land
--------------------------------------------------------------

But I think this has more to do with long time use


This really isn't squatting or a rental issue


this would be viewed by most law officials as an unwanted house guest that refuses to leave....

The facts are simple
A) Your father did invite him.... and it wouldn't be a he said she said thing he most likely has a key...

B) He hasn't broken any laws (being rude isn't illegal but man i wish it was)

Its not illegal to not leave after being invited... It would probably be easier to get rid of him if he was renting.... The system has firm laws for that....

luckily for your father since he isn't renting. He can simply wait till the guy leaves and change the locks..... Its a pain and costly but prob the simplest way to end this.....

But if you wanted to taking him to small claims court you could for damages and us of utilities but all and all you would only be able to sue for a few hundred and you would be better off saving a days pays because the guy sounds like a loser and most likely wouldn’t’ show up….

I wouldn’t recommend a violent means to remove him…. It would probably just cost you more in the end

The most sensible way is to wait till he goes and change the locks……

Yeah--like 20 years or so worth of use. Continuous, open and under a claim of some right. It usually applies to things like fences that are 6" on the wrong side of the property line, not to a squatter living in someone else's house and not paying a dime in taxes on it.

Here's a question: Who has been paying the utility bills?
What if you had the gas/power/phone all discontinued?
Since there is no "rental agreement", are you required to provide these utilities for "non-rental" properties?
One other option, although it may be difficult to arrange, would be to have members of the S-B community suddenly "move in" and take up additional residence. The presence of (many) responsible people might be enough to "flush" this turd out.

Take him for a ride...
 

maybe out to dinner to discuss how to help him get back on his feet.

While you are gone with him have family and friends pack up his things in some storage bins. Change the locks while you are out.

Drop him off at the local flea bag hotel, along with all his things, in a prepaid room.

While a definite jerk, he is still a human in need of help, not more hurt.

J M $.02,

Woody

get that friggen sister involved....and Woodys plan sound good...Im sure the guy needs help, not a beatin'.....except I'd drop him at the sisters with his cat & dog....

tenanst
 

Seven days or less all you have to do is tell them to get out, and then move them if they don't.

Thirty days or less give them written notice they have to leave and then move them if they don't.

Beyond thirty days it becomes more difficult. 34 years I have been dealing with this bull@$%t. We have many rooming houses in the town I work in. Dealt with this all the time, and still do almost daily. It came to a head years ago when the Willow Motel was still up and running. They used to rent to the alcohol addicted people who could make thier monthly kiss in the mail last about two weeks. Then it was adios from the manager/owner of the motel. I got called up there one sunday and they wanted me to throw this drunk out, because he was drunk and no other reason. Well the problem to the owner wasn't that the guy was an alcoholic (and a severe one at that), but that he had run out of money, (owner lied to me). Police officers cannot participate in civil issues only to keep the peace. If I started throwing out people who can't afford rent then I be nothing but a hried gun. And besides being a debtor is not a crime, in an d of itself. So I go and talk to the guy who is drunk. He has no feet. If you looked at the end of his leg, it was a straight shot down. No instep, toes, arch, nothing. He lost it to frostbite a couple of years before. He is drunk, no doubt about it. I asked him if he had anyplace to go and he says no. Oh by the way, he was a veteran. I asked him what the problem was with the owner. He says the owners wife is pissed because he ran out of money. I walk over to the office and inside there were four couples all having Sunday cocktails, it seemed maybe they were on about thier third drink themselves. I told the owner and his wife that I wasn't taking the guy anywhere. He is drunk as you reported, but that wasn't a problem as loong as he had money for the room. I told them you took his money for the fourteen days he was here in the filthy room, that they could let him stay until tomorrow when the weather clears. Across the room in the office living room area where all the people were, this beyotch starts with the, "I pay your salary, don't you know who I am, I'll have your ass in the morning, you'll take him somewhere or else". I said no I wasn't and walked out. Husband/owner follows me out the door and apologizes for his wife. Husband brought man to veteran's shelter. Moral of the story is, wife did complain about me, and I don't think she was sober when she did. But her complaint caused towns attorney to look at exactly what tenants and landlords could and couldn't do. The towns attorney confirmed what I did was right. At that time I had been following those rules for about twenty years, because like I said we have many flop houses in the town I work, and run into this all the time. Mant times landlords think they are going to get the local p.d. to do the eviction and that is completely illegal. Cops don't do civil process. That is done by constables in this state and many others. But like I said, seven days or under, say goodbye and throw him out. Thirty days or under, notify in writing, then throw him out. At least I received a letter from veterans group thinking me for looking out for the guy who ran out of money. The other point here is that if this guy didn't pay any money to stay there for a week or two or three, in Chatham, and is there in Chatham, because our fellow board member's father let him stay there out of the goodness of his heart then thier is no contract, hence he is an unwanted guest and tresspasser at this point. Nothing more, nothing less. Doesn't have a leg to stand on. You could throw him out and all the cops can do is stand there and watch and make sure no one beats up on each other. Keep the peace, thats all.

IT's Sunday,,,,, I hope this works out for the best today,,,

:nailem::nailem:Get him outta there is he gone yet????????

You know before you go calling the cops there is a little thing on Cape here that is called reasoning! A guy that has been forced to become homeless due to the rich people shoving the poor out of this place makes me wanna puke:yak5:I am not saying that I agree with what the guy is doing and I hate cats and despise poodles but I can imagine if I were in this dudes shoes, I would probably be tramatized
and adding cops and lawers to an already messy situation may cause dude to pop. Furthermore for the last few years I have seen people on the two more popular striper sites raise a bunch of money for people they don't even know, but they fish so that is okay, but this guy does not fish so the above party's think they should lynch him. Gimme a break simple resolve tell your father some communication skills will be key find out how much money this guy has got. Help him into a storage unit and then help him call a few of the churches in chatham they have helped many people before in crisis raise money to have a place to live even if it is a motel it is better than him messin with your stuff if you go playing hardball with the guy it may give him grounds to break a rod or god knows what I don't know the situation at hand 100% so don't be pissed if I am out of line just sounds to me like this guy has had it pretty rough and their is easier ways than to deal with the police just my $0.02

Point taken, but in this case it would appear as though the person is knowingly taking advantage of the situation. Pretty soon you're down the slippery slope where it's ok to steal because you don't have food for your kids.

-spence

well spoken
 

the least amount of force as is necessary......... Always!

it is reasonably assured that the offer and IDEA of a one night Stay was incorrectly dis communicated.

Good idea's on the storage unit ...give pets to the sister. $50 -$75 a week...for a mid sized space.

Guy asks if he can stay for the night, THE NIGHT. He drank himself into his divorce it sounds like, and drank himself out of his house. So while you justify his failure to be rational and healthy, and blame his problems on unknown rich people I think you should invite the lawbreaker to your house for THE NIGHT. Nobody here takes any pleasure in beating up on anyone for any reason. Even Spence agrees.

WTF? :bsod:

-spence

Apparently misunderstood! I am sure the guy has ears and is capable of listening, he is not the only one on cape being screwed by forclosures just so you know. All I tried to say is that there is help available to people in need that does'nt require losing all of your stuff and staying in the clink. Never once stated that the neighbor had any thing to do with the guys misfortunes just to maybee take a step back and re-evaluate the big picture rather than kicking him down in the dirt farther than he is already that's all be mad if you want to just a different approach

WTF this is what I referred to Spence.

I didn't misunderstand you at all. Like I said invite him to your house.

I would but it is being forclosed so i am gonna stay at your house:thanks:

:rotflmao::rotflmao::rotflmao::rotflmao:

Guys,,,, Lets just hope this works out well for Slinger's Dad.,.. Today is the day,,,

No one needs the crap this guy is pulling,,,, no matter what the situation is,,,,

I live in Mashpee and my brother lives in Falmouth.You can sic us on this guy anytime you want.And yes,our last name ends in a vowel.

I'll help also...Even tho my name starts with a vowel....:jump:

My family comes from the land where last names have NO vowels. I will come as backup and nab his cat while everything goes down. Or, more realistically, if the guy really needs to get rid of his pets, I will find a place for them. Lemme know if that's the case, SS.

So what happened yesterday?

Sluggoslinger -

I hope it's all good!

And he is gone... He moped around the house in the basement and when my father reminded him he needed to get out on sunday he acted suprised. My father then reminded him that the keys were getting changed monday (today).

He left an air compressor behind and my father offered him $50 to help him on his way and sever the reason for him to back. The guy says its worth more than that and declined to sell it to him. Can you believe the balls on this guy. Needless to say he's never getting it back and the locks are changed...

What an A-Hole. Apparantly he left some stuff at a neighbors house and they are going to put it out on the street in front of his old place for the trash man...

I am so glad this worked out,,,, :jump:

just amazed that the guy really did not think you were serious with the deadline of sunday,,,,,

already done. The chatham PD were pretty understanding about it.

Remember the saying....."No Good Deed Goes Unpunished!".

So where the hell is this guy's own family to worry about this looser ???
You mentioned he got divorced, but no kids, sisters, brothers or other relatives ???

Awesome. Hope you and your family enjoy the summer.

that's good news that the guy is gone, but definitely get anything he owns, like the air compressor, out of the house so he can't say you "stole it" or anything like that.

His sister stopped by and said it was too bad things couldn't have worked out.... My fathers answer was what do you mean worked out???? We never wanted him here in the first place. She then went on to say she wanted nothing to do with the situation.

Either way he's gone and over the summer that air compressor will end up at the gift shop at the chatham dump. I'll let you all know when its headed there.

I'm glad the jerk is gone.I don't like people who take advantage of someone who is 73 years of age.I would've liked to see this guy mouth off to my brother Tony though.That would have been really special.

Glad everything worked out...Lets hope it stays that way.:cheers: