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Old 05-01-2008, 09:01 PM   #31
Raven
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balboa island hmmm sounds familiar,,,

i must be thinkin of balboa park and or other San diegan islands tho
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Old 05-01-2008, 09:02 PM   #32
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so ummm

do you have a short little guy in a tux
that says boss boss the plane

.......................................the plane
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Old 05-01-2008, 09:08 PM   #33
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balboa island hmmm sounds familiar,,,

i must be thinkin of balboa park and or other San diegan islands tho
its in newport beach south of LA. Its just a little island in the harbor. the bridge is about 100 yards...

http://maps.google.com/maps?rls=com....num=1&ct=title
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Old 05-02-2008, 08:03 AM   #34
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yeah i can dig it...so we'll gut that friggan room, re-rock it ,mud it paint it and it'll be virginal
Right on Raven!
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Old 05-02-2008, 08:44 AM   #35
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Not so fast

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Originally Posted by Sluggoslinger View Post

The worst part is this guy is sleeping in my bed and my wife doesn't even want to be in the room anymore after that. what a pain in the a$$.
This is your biggest problem,,,,, and the most frustrating one,,, and I really see where she is coming from,,,,

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i highly doubt it. when you are ready to get him out of there, you tell him nicely to leave, if he doesn't go, you call the cops, tell em he's trespassing, end of story.

What would possibly make you think the police would no longer have jurisdiction? Its his house, there is no lease, and the guy is trespassing. Even if you let him stay today, if you ask him to leave tomorrow he is trespassing.

Wait until monday and then go kick the guy out. End of story.
Careful.....Its not the end of story anymore.

Lets just hope he leaves and does not put up a stink,,,,, which I think will be the case,,,, BUT, if not

Just so you know you do not need a lease to be a tenant. Nor is there a min time frame for living as one. How long has this guy been LIVING there? couple weeks now ?

And since his dad said he could stay longer the guy now has been granted an At Will Oral Tenancy and has a right to LIVE there, in the house alone, not stay with them, until Sunday. Unfortunately this house does become this other guys shelter until Sunday. If he pushes it he could possibly make his dad follow the laws of eviction. I think all he has to do is claim it as his shelter. It would depend on the Mass Laws.

He was trespassing,,, not anymore... Now he is living in the house.

It really depends on what the guy says (claims) and how the police want to handle it,,,, if he does not leave.. If they say he has to have him evicted then they only have jurisdiction to follow the eviction, not just go in and drag the guy out because it is the right thing to do.

Unfortunately Slinger's father has a heart of gold and this guy has already taken advantage of it,,,, It is a shame,, the right thing of kicking the guy out on the street ASAP may not be the legal thing anymore.

Last edited by GattaFish; 05-02-2008 at 10:52 AM..
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Old 05-02-2008, 08:55 AM   #36
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Angry grrrrr

i'll knock him out and carry him outta the house...

wrecked ankle and all....

the police can arrest me if they want to...afterwards...

man this thread boils ............my Scottish blood...



hidden note below
_ err sorry ...i've been under allot of stress lately
and i'm ready to explode on somebody or some thing...
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Old 05-02-2008, 11:24 AM   #37
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Bingo

Raven.......

I totally agree,,,,, I like your style too,,,,, and no question if he does not leave on Sunday this is the right thing to do,,,,, hmmmmm,,,,ok,, well maybe the carrying the guy out part will have to be enough,,,

funny note,,,, just try to go fishing ASAP,,,, It should help,,,

I am pretty sure this will work out ok,,, I think the guy is honestly just stuck,,, It sure is frustrating to hear in the mean time though,,, and its not even my family,,, If it was I might just lose my mind,,, So Slinger is handling it better than I would....

I am also not trying to be the devils advocate, only trying to let people know that when the law gets involved sometimes it has a weird way of making things tougher and costing lots of $$$...
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Old 05-02-2008, 11:41 AM   #38
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I would very firmly ask him to leave by Monday morning and if he asks for a few more days, tell him that you are going to get the authorities involved. If he doesn't respond to the threat, call the cops. Your dad doesn't need the stress of trying to forcefully remove the guy. Let someone else do it.

This whole thing reminds me of the saying "No good deed goes unpunished".
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Old 05-02-2008, 11:47 AM   #39
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are their any lawyers here who know what type of rights he could be getting by staying? I'm pretty sure we can just kick him out but not 100% is he now living here?
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Old 05-02-2008, 12:05 PM   #40
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are their any lawyers here who know what type of rights he could be getting by staying? I'm pretty sure we can just kick him out but not 100% is he now living here?
While not an attorney, I'd wager that he has less rights if he's not physically on the property.

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Old 05-02-2008, 02:19 PM   #41
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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?)
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Old 05-02-2008, 03:01 PM   #42
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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.

Pete
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Old 05-02-2008, 03:32 PM   #43
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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……
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Old 05-02-2008, 04:18 PM   #44
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Quote:
Originally Posted by Bishop169 View Post
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


……

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.

Wise men speak because they have something to say; Fools, because they have to say something.
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Old 05-02-2008, 04:43 PM   #45
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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.
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Old 05-02-2008, 04:51 PM   #46
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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
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Old 05-02-2008, 05:29 PM   #47
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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....

Live at Leeds
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Old 05-02-2008, 06:23 PM   #48
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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.

Last edited by Swimmer; 05-02-2008 at 07:10 PM..

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Old 05-03-2008, 11:24 PM   #49
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IT's Sunday,,,,, I hope this works out for the best today,,,
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Old 05-04-2008, 07:12 AM   #50
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Get him outta there is he gone yet????????

We interupt this marriage to bring you fishing season!!!
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Old 05-04-2008, 08:55 AM   #51
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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 pukeI 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

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Old 05-04-2008, 09:04 AM   #52
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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.

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Old 05-04-2008, 09:18 AM   #53
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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.
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Old 05-04-2008, 11:11 AM   #54
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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 pukeI 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
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.

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Old 05-04-2008, 11:22 AM   #55
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Even Spence agrees.
WTF?

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Old 05-04-2008, 11:27 AM   #56
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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

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Old 05-04-2008, 11:45 AM   #57
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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
WTF this is what I referred to Spence.

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Old 05-04-2008, 11:49 AM   #58
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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
I didn't misunderstand you at all. Like I said invite him to your house.

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Old 05-04-2008, 11:55 AM   #59
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I would but it is being forclosed so i am gonna stay at your house

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Old 05-04-2008, 12:14 PM   #60
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I would but it is being forclosed so i am gonna stay at your house


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,,,,
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