How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask barristerinky Your Own Question
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33784
Experience:  Attorney for over 15 years, landlord 26 years
19958803
Type Your Landlord-Tenant Question Here...
barristerinky is online now
A new question is answered every 9 seconds

I have two people who moved in against me agreeing due to

Customer Question

I have two people who moved in against me agreeing due to the fact I'm in the middle of a plumbing claim and I have not accepted rent now the board of health has been called can I evict them and wait for claim.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

Are you saying that you had two people move into a dwelling that you were working on and they shouldn't have moved into?

.

Did they break in to gain access?

.

If not, how did they get a key if they were not allowed to move in?

.

Have you tried calling the police on them as trespassers?

.

.

thanks

Barrister

Customer: replied 1 year ago.
They were helping with painting and we agreed to have them move in after plumbing was done and I agreed to allow them to store some belongings. I made it clear I was in the middle of a claim but they started sleeping there ect, I haven't gotten rent but did gethe deposit to hold the apt. I'm also in the middle of trying to sell my house.. because they have not paid rent do sent that protect me I also have a text stating it wasn't OK and they apologized but came in anyway there's no contract and no rent being received I'm serving them legally in am but do I have to do these repairs?
Customer: replied 1 year ago.
Do I have to fix plumbing now that they called both I've no agreement written ND no aren't from ythem
Expert:  barristerinky replied 1 year ago.

Ok, unfortunately when you accepted a deposit to hold the place, but you gave them a key to enter it and store their personal property there, you made them legal tenants and now you have to terminate their tenancy and evict the same as any other tenant who is under an oral lease. The fact that they haven't paid any rent doesn't help here. When you give them a key and let them move in their stuff, they become your tenants.

.

So if you have been cited by the Board of Health, you have to make repairs or face fines and legal action for not complying. But that doesn't affect you evicting them and you have to start by giving them a 30 day notice to terminate their tenancy and then evict them through the courts. It sounds like they know what they are doing and probably have done this before. So you are going to have to go through a formal eviction action in court after the 30 day notice is up to get them out.

.

And you probably already realize this, but it is never a good idea to give a key to a tenant or allow them to store anything in the actual dwelling prior to a tenancy beginning and you getting the deposit and rent...

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister