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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My boyfriend and i broke up in september of 2014. He completely

Customer Question

My boyfriend and i broke up in september of 2014. He completely left the property which is in his name and has tried to charge me with trespassing. I have tried countless times to contact him, he has my number blocked and refuses and type of communication. How can i be guilty of trespassing if he has never told me to leave, or ever said anything to me for that matter? I filed for an appeal, which was granted, but now i am concerned about what is going to happen next. My hearing is in August and i have no where else to go. I have tried emailing him offering to pay for the house, but i get no response. Also the house was built in 2012 by him and my dad, who didnt charge him anything for the 1-2 years worth of labor my dad put into the house. I dont know what to do. I am not refusing anything but is there anyway i can get something, even more time in my house? I also will be 8 months pregnant for my appeal hearing and the last thing i want to think about is finding a place to go on top of all the other stress this has caused me.
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. I am a licensed Pennsylvania professional and will be happy to assist you with your concerns.
If I may ask, did he ever serve with you with any sort of written notice, such as a 'notice to quit' the premises?
Customer: replied 2 years ago.
No I only received the trespassing charges with the court date that I attended, was found guilty, then appealed to.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.
That does make the situation far more difficult to deal with if you were already convicted, but not impossible. As far as getting something for the property, I am afraid that if the home is under his name, he is entitled to it. Furthermore, under PA law any 'improvement' to the property such as building it up also goes directly to the owner, not the occupant (which would be you). Only the courts can set aside the trespassing, but usually if the real owner does not want you to stay on property, the courts will side with him.
Now as far as trespassing, the best argument may be lack of notice. If you can show that the person failed to give you notice and request that you leave, you can claim that you were a 'tenant at sufferance' and were invited to remain, and whose invitation was never formally rescinded in writing, as it should have been.
Dimitry, Esq.
Customer: replied 2 years ago.
What about things in the house that I can prove I paid for, such as flooring, certain appliances, etc? I also have text messages from him when this first happened that he would put a car in my name, and give me money if I agreed to leave? Neither of those things happened and he's tried selling the car he was going to put into my name.
Expert:  Dimitry K., Esq. replied 2 years ago.
Anything physically attached to the property becomes part of the property. That is called a 'permanent fixture' and cannot be removed. Flooring cannot be removed, and for appliances, if they are built in, they are deemed part of the property. As far as his past promises, those are not binding especially since you never left--so he does not have to abide by them at this time. Since you never left you cannot even claim that you fulfilled your part of the contract and are therefore entitled to his promises.
I am sorry!
Dimitry, Esq.

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