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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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An ex friend of mine and myself, lived together in a house

Customer Question

An ex friend of mine and myself, lived together in a house for a few months. Eventually I moved out but could not move all my things at once. She said I could hang on to my house key and move things gradually. She gave me permission to enter the house even if she wasn't home. Recently there has been some drama between she, my husband, and I. I asked if I could come by and get the rest of my things and drop her key off, but she said she'd prefer to do it another day when she would be home. I needed my things and trying to coordinate a time when we'd both be available on the same day would be very difficult. So I went and got my things anyway when she wasnt home. Considering I did not touch any of her things and only left with my belongings, is what I've done illegal?
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

The answer is "yes". What you have done is a trespass at the least, and a possible burglary at worst. While you had a right to enter, that right was taken away when your friend told you expressly that she wishes to see you ONLY when she is home. Since you still entered when she told you that you could not, that is a trespass on her property, something that is a possible misdemeanor or felony. And since you also removed items, if she claims that you removed her items, that becomes burglary, a felony.

I am sorry.
Customer: replied 6 years ago.
Would the answer change at all if she told me she was going to leave the rest of my belongings at a dumpster near by and I was not able to pick them up? Or if she made herself unavailable to meet, is it legal for her to hold my things?
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

My answer would not change. Her behavior, while possibly not permitted, still does not excuse your behavior in entering her property without her consent, or in this case, expressly against her wishes.

Good luck.