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DifferenceMore5431 t1_j7wm1zf wrote

Did you charge her rent? Did you have a written or verbal lease? I don't see how a family member staying with you short term would be considered a tenant. More likely this is a question about how to deal with abandoned property.

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ppitm t1_j7x3961 wrote

I think this is more about whether or not the cops will remove the person for you.

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Minute_Map_6444 t1_j7wpnon wrote

I did not charge rent and we had a verbal conditional arrangement for her to stay a max of one year. This was amended to she needs to be out by April first. I drafted an eviction notice today to cover my ass and left it with the rest of her things but obviously she hasn’t received it because she’s not physically staying here. AFAIK property isn’t abandoned in Maine until either 60/90 days and I have every intention of letting her get her things but would prefer to be present so she doesn’t pull shady shit

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DifferenceMore5431 t1_j7wyfl4 wrote

I'm not a lawyer but I don't see how anyone could possibly construe this as a landlord/tenant arrangement. I think you are overcomplicating things with your "eviction". Just put her items in a closet and if/when she wants them back make arrangements.

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Minute_Map_6444 t1_j7x4xx2 wrote

While I wholeheartedly agree, apparently the courts do not. Someone staying more than two weeks at your residence gains legal tenant rights vs just being a guest, even if they do not pay rent. It’s a shitshow. Last time I’ll ever be helping someone out in this way. Was a totally civil situation until today when I had the wrong door locked and suddenly she screaming about cops and court.

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[deleted] OP t1_j8693sw wrote

Some rando screaming about "court" doesn't mean you have to serve her papers.

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Tony-Flags t1_j7zvpg1 wrote

There are jurisdictions that define tenancy based on the amount of days that someone has stayed on your property, irrespective of a lease or payments. OP should contact a lawyer to ensure that this is not a tenancy situation. If it is deemed to be a Tenancy At Will, then a 30 day eviction notice is the quickest. OP should not dispose of any items owned by their sister, nor change the locks without a separate compelling reason, at least until they are able to get a consultation from a lawyer.

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AlternativeWay4729 t1_j7yt9eh wrote

She would have had to pay rent and be there for more than 28 days to be a tenant. But Maine eviction courts favor tenants even when landlords are in the right based on the law. Landlords who show up to court hoping for a clean eviction, if they lack counsel and do not have a perfect case, are essentially railroaded into arbitration before cases go to trial. Housing advocates appear in court to manage arbitration before each case is even heard. (This is based on experience in Waldo County, but it's a state law so I assume it's similar elsewhere.) So if you got rid of her, you are good and change the locks and you should probably never let her back in the house ever again, or at least not until you're sure she has a place of her own and is settled.

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Soggy_Height_9138 t1_j7z587r wrote

IANAL. I am a realtor in VA (Maine expat). The advice about the rules being local is spot on. If the house is your primary residence the rules can be quite different than an apartment offered to the public at large. Residents in your primary home are generally considered lodgers, not tenants, and it is typically much easier to evict, if it even has to go that far.

Safest bet tho is to contact local legal advice. Good luck!

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TimothyOilypants t1_j7zko4k wrote

This feels the like the inevitable conclusion to one of those "stuck in a dryer" videos.

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Seyword t1_j803f9a wrote

Is she currently homeless? Any drug use? Anyone else staying in the house? (Wife/children)

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Minute_Map_6444 t1_j807hnu wrote

She has moved in with someone else. No drug use as far as I know, and she has a daughter but bedsides that just me in the house

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