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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 16721
Experience:  Attorney experienced in Landlord-Tenant Law.
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My mother is elderly and has an elderly male friend that has

Customer Question

My mother is elderly and has an elderly male friend that has lived with her in her home for many years. A couple moved in about 8 months ago to provide assistance to mom and her friend in exchange for a place to stay. They do not pay any of the utility bills or expenses for home upkeep, taxes etc... They use one bedroom (no lock) and share the kitchen/living room with mom and friend. Mom's condition has deteriorated and she now needs full time care (the current couple is not available for 24 hour assistance). We discussed the fact that I would be looking for new care givers in May. They asked for more time to move and ultimately I allowed them to stay until August 1. I served them with 30 day notice to move on June 29. They have once again asked for more time and I refused. I have new caregivers lined up and ready to move in in August. Do I have to initiate eviction proceedings if they refuse to leave? Can I simply change the locks? Please don't tell me that it depends on how their status is characterized, I know that. I am trying to determine the couples status.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

I cannot comment on your specific case, but generally, people who have resided at the house under the similar circumstances, would be considered month to month tenants, regardless of whether the pay any rent, have any utilities in their names or even receive mail there and the only legal option to remove such tenants, if they refuse to leave upon the expiration of the 30 day notice, is to file an eviction proceedings in the local court and once eviction order is obtained, then the local sheriff will remove the tenants and locks can be legally changed.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.