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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son passed away last Sept. There was a friend living in

Customer Question

My son passed away last Sept. There was a friend living in his basement at the time. I don't think there was a ease involved or rent paid. I told the guy he could go on living there until I found a buyer. I gave him an informal but written notice to leave over 30 days ago to vacate on May 20. Today. Csn I put his stuff out and change the locks.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Roger replied 6 months ago.
Hi - my name is ***** ***** I'll be glad to assist.
Expert:  Roger replied 6 months ago.
The law would consider this person a month-to-month tenant even if no rent was paid. Thus, if the person doesn't vacate after a written 30 day notice to vacate, you'd have to proceed with filing an eviction action in small claims court and obtain a court order directing his removal. If the person stays after the court hearing, at that point, you could move his things out. But, until a court gives you that authority, you generally cannot take that type of action without the threat of some type of legal retaliation.
Expert:  Roger replied 6 months ago.
Also, in order to evict the person (and in order to sell the property), you're going to need authority to act on his behalf -- either as the representative of the estate or you individually IF the property has been legally transferred to you.

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