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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33770
Experience:  15 years real estate, Realtor. Landlord 26 years
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I had a squatter at my house, right before I had the

Customer Question

I had a squatter at my house, right before I had the eviction she said she was moving. How long before I can enter the room she was staying in and clean it. She hasn't said she was done or anything and it's locked. There is garbage all over out there and I live here.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my best to help with your situation or get you to someone who can.

Expert:  Barrister replied 3 months ago.

So did the person actually vacate?

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Did you go ahead and get the judgment for eviction?

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If she is gone, how long has it been?

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thanks

Barrister

Customer: replied 3 months ago.
She moved stuff all day today. So tonight will b the first night she is gone.
Expert:  Barrister replied 3 months ago.

Ok, so did you get an actual judgment of eviction or not?

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Customer: replied 3 months ago.
No she left before I did. So I didn't go get it today. How do I let the room sit that way it smells and there is garbage every where
Expert:  Barrister replied 3 months ago.

Ok, that is problematic because you should always go ahead and get the judgment of eviction to protect yourself. Legally she can simply move right back in and there is nothing legally that you can do about it since you didn't get a judgment against her.

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Hopefully that won't happen, but she legally has that right since you do not have a legal order forcing her to leave..

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With that said, you have the legal right as the landlord to enter for purposes of inspection. So you can enter the room to assess its condition and if it is clear that it is just trash left, take lots of pictures of the condition and then you can being cleaning up. But if she still has personal property there, like furniture, then you will have to wait until she removes it or tells you that she is done so you can retake possession.

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

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thanks

Barrister

Customer: replied 3 months ago.
OK so I can go in now and take pictures and see what damage. Now if she did leave anything how long do I have to leave it there ?
Expert:  Barrister replied 3 months ago.

OK so I can go in now and take pictures and see what damage.

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Correct.

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Now if she did leave anything how long do I have to leave it there ?

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Basically you have to hold the property for 7 days after rent is due and unpaid... See this website for the specific details:

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http://www.tenantsunion.org/en/rights/abandonment

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thanks

Barrister

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