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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I went to civil court to get a live in care giver out- she

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I went to civil court to get a live in care giver out- she had been fired on March 24th, and had refused to leave. My mother is coming home on May 22, which she cannot do because the woman is still in the home, preventing me from cleaning up and getting a new caregiver in. We are now faced with paying $310.00 a day for respite care. I checked the home this morning and there is no way she will be out by this afternoon. The court paper says 4 p.m. is when I can go and get the Sheriff dept. to come in and remove her.
My question is what rights at this point do I have concerning her refusal (as the court has already done a final writ)- and the house is a [pig-sty with clothes, things, garbage all mixed together all over the floors and furniture.
Can I have the house locks changed today? What do I do with her things when the Sheriff's office takes her out? I do not have a forwarding address or anything from her.
Am I responsible for the cost or this mess? I do not have any deposit money because she was not a renter. Living there was part of her job.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. If I understand you correctly, you have had an eviction hearing and have been successful at evicting her. However, she is still not leaving. If so, then you can get a Writ and have the local Sheriff forcefully remove her.

Can I have the house locks changed today?

Technically, you are not supposed to lock her out and must have the Sheriff first escort her out. But many who lock out ex-tenants who have been evicted get away with it because at this point, the ex-tenant really has little option at appeal.

Either way, if you lock her out or wait for the Sheriff to escort her out (recommended), you may have her things left. As such, according to N.J.S.A. 2A:18-72:

A landlord may dispose of a tenant's property only if the landlord believes that the tenant is not going to try to get back into the apartment legally and has abandoned the items.
In addition, the landlord must give the tenant written notice that the landlord intends to dispose of the property. The notice must give the tenant a time period in which to claim the property. This is:
30 days after delivery of the landlord's written notice; or 33 days after the notice is mailed, whichever comes first.


After notifying the tenant that he intends to sell the tenant's property, the landlord must store the property in a safe place. The tenant is required to pay a reasonable storage cost and the cost of taking the property to the storage place.

Ergo, a letter given to her or sent to whatever address/email you may have for her may do the trick. See example below:

Dear ____________,

This correspondence is in regards XXXXX XXXXX property stored at __address____, left by you on ___date_____, under the premise that it would be picked up by 33 days after your receipt of this correspondence. This property consists of the following items (list)

To this date, the property has not been picked up. Notice is hereby given that unless this property is picked up in 33 days of your receipt of this certified letter, the property in questions will be donated and otherwise disposed of.

Please contact me via ____tel and/or ___address____ to coordinate your pick up of the property.

Sincerely,

Signature

Name


If you do not have a forwarding address, any reasonable way of notice would be sufficient, such as an email, or a call, or even a small ad in a local small newspaper.

You can also further sue her for the cost of the mess left behind in small claims court.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87591
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 22 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
I just want to make clear that she was not a tenant, but a live in caregiver- so I am not the landlord. She was fired 3/24, at which time was given 30 days to leave. we went to court twice, the second time the judge ruled that the final writ is granted and that no other appeals could be made.. I will be going to the courthouse today with the paperwork to have her removed by the sheriff- but as I said, will be paying $310 a/day for my mother to stay at respite care until this woman is gone. What are my options? Do I state that she will be charged for cleaning her things up and putting them in storage?, or just use the form letter you sent (which is very helpful).It will also end up costing over 2k for 1 week of my mother staying on in the re-hab hospital. Is that some part of what I could try to redeem? This seems like a never ending nightmare.
Expert:  Ely replied 1 year ago.
Ruth,

I just want to make clear that she was not a tenant, but a live in caregiver- so I am not the landlord.

Actually, even though she was/is a live-in caregiver, at this point, the Court sees her as a tenant because as part of the agreement, she received lodging. So she is seen as a "tenant" (a tenant does not necessarily have to pay rent to be a tenant).

I will be going to the courthouse today with the paperwork to have her removed by the sheriff-

Right, this is called a Writ.

What are my options? Do I state that she will be charged for cleaning her things up and putting them in storage?

You can try to tell her this, but you cannot make her clean it up. So if she does not, you are forced to use the letter.

(which is very helpful)

My pleasure.

It will also end up costing over 2k for 1 week of my mother staying on in the re-hab hospital. Is that some part of what I could try to redeem? This seems like a never ending nightmare.

YES - you can sue her in small claims court for the matter - see here - and possibly get a judgment against her for the costs.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.
What would be the repercussion of putting the tenants belongings on her attorneys front porch?
I have a locksmith coming today. She is supposed to be out. can I get in legal trouble if I lock her out while she is at work? She has had 9 weeks to get out and the court order and is simply ignoring them..
Expert:  Ely replied 1 year ago.
What would be the repercussion of putting the tenants belongings on her attorneys front porch?

Without giving proper notice before disposal, theoretically, she can sue you for negligence per se, although whether or not she does is up to her.

can I get in legal trouble if I lock her out while she is at work? She has had 9 weeks to get out and the court order and is simply ignoring them..

See the original answer, please:

Technically, you are not supposed to lock her out and must have the Sheriff first escort her out. But many who lock out ex-tenants who have been evicted get away with it because at this point, the ex-tenant really has little option at appeal. But it is still best to wait until the Sheriff removes her before changing locks.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87591
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 22 other Legal Specialists are ready to help you

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