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Roger
Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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My hubby and I own a house jointly and now we are in agreement

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My hubby and I own a house jointly and now we are in agreement that we want a former friend out of the house permantly. He has moved all his items out but still has several items of ours. How do we proceed? THANKS
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

 

Is the friend paying rent?

Customer: replied 2 years ago.
Not one penny and no lease involved. We just let him move in so he wouldn't be out on the street but it's not working out. He's an unemployed drunk. THANKS
Expert:  Roger replied 2 years ago.

Ok. Thanks for the information.

 

In that case, if he's not a tenant, he's simply a house guest and can only be there with your permission.

 

Thus, you don't have to provide any notice at all, you can order him out immediately, and if he refuses to vacate, you can then file trespass charges against him and have a court order him out of the property.

 

I think that if you call the local sheriff's department, tell them what's going on and that you want a deputy to come keep the peace while he vacates, that would be enough to get him out. If not, you can always file trespassing charges against him.

Customer: replied 2 years ago.
How do we get our possessions back that he has presently?
Expert:  Roger replied 2 years ago.

If he will not voluntarily return them, you would have to file suit for trespass to chattles (personal property) and get a court order directing him to return the items to you immediately.

 

Trespass to chattles is essentially the same thing as stealing, but it's the civil (not criminal) way to recover the property. This is generally use where the owner may have allowed the possessor to use the property and then the person would not return them.

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26332
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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