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 Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33757
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

A person moved in to my house while a tenant was there. My

Customer Question

A person moved in to my house while a tenant was there. My tenant moved out, but the person is still there and will not go. As a means to make her want to leave, I will rent a room in my house to a "new tneant". Is this within the law?
I want to go into my house to "fix it up" but the person who is there says that I can only enter the house when she is there, "because her things are there". I am saying that since she is NOT AND HAS NEVER BEEN MY TENANT, AND I AM THE OWNER I CAN COME IN TO TAKE CARE OF MY HOUSE WHEN I WANT, Am I correct?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Is the person paying any rent?

.

Has the tenant who moved out stopped paying rent?

.

Is there some reason why you don't just evict the squatter?

.

.

thanks

Barrister

Customer: replied 8 months ago.
No that person has never payed rent, I did not ask her to because she is not and have never been my tenant.
The person who moved ended her lease and stopped paying rent.
The pesron there now (the squatter) said that she was moving, so I was thinking that eviction was not going to be necessary. I see that it is probably is necessary now. But, I want to know the answers to the questions I asked you, so that I will know what I can/or can not do now
Expert:  Barrister replied 8 months ago.

Ok, to answer your questions directly..

.

As a means to make her want to leave, I will rent a room in my house to a "new tneant". Is this within the law?

.

Since she has no legal tenancy agreement that gives her control over any designated portion of the house, yes, you can move someone else in if you choose to do so.

.

I want to go into my house to "fix it up" but the person who is there says that I can only enter the house when she is there, "because her things are there". I am saying that since she is NOT AND HAS NEVER BEEN MY TENANT, AND I AM THE OWNER I CAN COME IN TO TAKE CARE OF MY HOUSE WHEN I WANT, Am I correct?

.

You are correct with proper notice. Even though she is not a legal tenant, she is an occupant and the law gives her the same rights as a tenant to notice prior to entry.

.

So if you provide "reasonable notice" which is typically considered to be 24 hours notice, then you can enter the property for purposes of repairs, inspections, or for exhibiting it to prospective purchasers or tenants. Whether the occupant is there or not is not relevant.

.

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

,

.

thanks

Barrister

Related Real Estate Law Questions