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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I HAVE A FORMER TENANT STAYING IN MY PROPERTY WITHOUT MY CONSENT.

Customer Question

I HAVE A FORMER TENANT STAYING IN MY PROPERTY WITHOUT MY CONSENT. THE ORIGINAL LEASE EXPIRED IN APRIL 2015. THE PROPERTY MANAGER WHO IS GONE DREW UP A LEASE THAT FOR THE MOST PART I HAVE NOT BEEN ABLE TO ENFORCE AND HAVE BEEN TO COURT*****IS RELYING ON NO/WEAK TERMINATION PENALTIES OR ACTIONS CONTAINED IN THE LEASE. MY REAL QUESTION AT THIS POINT IS THE LEASE IS LONG AGO EXPIRED, TENANT LAST PAID RENT IN MAR. 2015. CAN'T I GET SOME LEGAL REPRESENTATION AND TOSS THEM OUT FOR TRESPASSING AND/OR HAVE THE POLICE DO IT?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
My apologies but you still cannot treat him as a trespasser. Legally speaking he is a 'hold over' tenant, or a 'tenant at sufferance' who has been on the premises long enough to obtain occupancy rights. You still have to evict via the court, but you CANNOT treat him as a trespasser--then he can turn around and sue you for damages, and what's worse, the police won't be able to help or remove him from the property. Here, the trick is to lawfully remove him with proper notice and eviction but that is literally the only way available to you at this point.
Sincerely,
Dimitry, Esq.

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