Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I went to civil court to get a live in care giver out- she

had been fired on March...
I went to civil court to get a live in care giver out- she had been fired on March 24th, and had refused to leave. My mother is coming home on May 22, which she cannot do because the woman is still in the home, preventing me from cleaning up and getting a new caregiver in. We are now faced with paying $310.00 a day for respite care. I checked the home this morning and there is no way she will be out by this afternoon. The court paper says 4 p.m. is when I can go and get the Sheriff dept. to come in and remove her.
My question is what rights at this point do I have concerning her refusal (as the court has already done a final writ)- and the house is a [pig-sty with clothes, things, garbage all mixed together all over the floors and furniture.
Can I have the house locks changed today? What do I do with her things when the Sheriff's office takes her out? I do not have a forwarding address or anything from her.
Am I responsible for the cost or this mess? I do not have any deposit money because she was not a renter. Living there was part of her job.
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 minutes by:
5/22/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. If I understand you correctly, you have had an eviction hearing and have been successful at evicting her. However, she is still not leaving. If so, then you can get a Writ and have the local Sheriff forcefully remove her.

Can I have the house locks changed today?

Technically, you are not supposed to lock her out and must have the Sheriff first escort her out. But many who lock out ex-tenants who have been evicted get away with it because at this point, the ex-tenant really has little option at appeal.

Either way, if you lock her out or wait for the Sheriff to escort her out (recommended), you may have her things left. As such, according to N.J.S.A. 2A:18-72:

A landlord may dispose of a tenant's property only if the landlord believes that the tenant is not going to try to get back into the apartment legally and has abandoned the items.
In addition, the landlord must give the tenant written notice that the landlord intends to dispose of the property. The notice must give the tenant a time period in which to claim the property. This is:
30 days after delivery of the landlord's written notice; or 33 days after the notice is mailed, whichever comes first.


After notifying the tenant that he intends to sell the tenant's property, the landlord must store the property in a safe place. The tenant is required to pay a reasonable storage cost and the cost of taking the property to the storage place.

Ergo, a letter given to her or sent to whatever address/email you may have for her may do the trick. See example below:

Dear ____________,

This correspondence is in regards XXXXX XXXXX property stored at __address____, left by you on ___date_____, under the premise that it would be picked up by 33 days after your receipt of this correspondence. This property consists of the following items (list)

To this date, the property has not been picked up. Notice is hereby given that unless this property is picked up in 33 days of your receipt of this certified letter, the property in questions will be donated and otherwise disposed of.

Please contact me via ____tel and/or ___address____ to coordinate your pick up of the property.

Sincerely,

Signature

Name


If you do not have a forwarding address, any reasonable way of notice would be sufficient, such as an email, or a call, or even a small ad in a local small newspaper.

You can also further sue her for the cost of the mess left behind in small claims court.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
I just want to make clear that she was not a tenant, but a live in caregiver- so I am not the landlord. She was fired 3/24, at which time was given 30 days to leave. we went to court twice, the second time the judge ruled that the final writ is granted and that no other appeals could be made.. I will be going to the courthouse today with the paperwork to have her removed by the sheriff- but as I said, will be paying $310 a/day for my mother to stay at respite care until this woman is gone. What are my options? Do I state that she will be charged for cleaning her things up and putting them in storage?, or just use the form letter you sent (which is very helpful).It will also end up costing over 2k for 1 week of my mother staying on in the re-hab hospital. Is that some part of what I could try to redeem? This seems like a never ending nightmare.
Ruth,

I just want to make clear that she was not a tenant, but a live in caregiver- so I am not the landlord.

Actually, even though she was/is a live-in caregiver, at this point, the Court sees her as a tenant because as part of the agreement, she received lodging. So she is seen as a "tenant" (a tenant does not necessarily have to pay rent to be a tenant).

I will be going to the courthouse today with the paperwork to have her removed by the sheriff-

Right, this is called a Writ.

What are my options? Do I state that she will be charged for cleaning her things up and putting them in storage?

You can try to tell her this, but you cannot make her clean it up. So if she does not, you are forced to use the letter.

(which is very helpful)

My pleasure.

It will also end up costing over 2k for 1 week of my mother staying on in the re-hab hospital. Is that some part of what I could try to redeem? This seems like a never ending nightmare.

YES - you can sue her in small claims court for the matter - see here - and possibly get a judgment against her for the costs.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ask Your Own Legal Question
Customer reply replied 4 years ago
What would be the repercussion of putting the tenants belongings on her attorneys front porch?
I have a locksmith coming today. She is supposed to be out. can I get in legal trouble if I lock her out while she is at work? She has had 9 weeks to get out and the court order and is simply ignoring them..
What would be the repercussion of putting the tenants belongings on her attorneys front porch?

Without giving proper notice before disposal, theoretically, she can sue you for negligence per se, although whether or not she does is up to her.

can I get in legal trouble if I lock her out while she is at work? She has had 9 weeks to get out and the court order and is simply ignoring them..

See the original answer, please:

Technically, you are not supposed to lock her out and must have the Sheriff first escort her out. But many who lock out ex-tenants who have been evicted get away with it because at this point, the ex-tenant really has little option at appeal. But it is still best to wait until the Sheriff removes her before changing locks.
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,932
102,932 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

102,932 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have been served small claims court for $10,000.00 for
I have been served small claims court for $10,000.00 for using a wall separating my property from my neighbor's. I have never been billed for this nor has any agreement every been made. There are no d… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,318 satisfied customers
I want to file in small claims court in Oregon because it's
I want to file in small claims court in Oregon because it's less than 10,000. Can you link me to the form that I need and also help me to understand the process of small claims court?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What happens in a small claims/eviction when a defendant is
what happens in a small claims/eviction when a defendant is not properly served the summons papers … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
What is the highest limit in small claims court in nc.
what is the highest limit in small claims court in nc … read more
Lori
Lori
Juris Doctor
288 satisfied customers
I am contemplating a small claims action and this is my
I am contemplating a small claims action and this is my first. My wife and I purchased two cell phones and related agreements from Victra/Verizon and promises were made; etc. Part of their process is … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
An attorney is suing me in small claims court for not
an attorney is suing me in small claims court for not signing a settlement agreement in a case that i agreed to settle only after he agreed to lower his fee and expenses but then didn't do so. I refus… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is the maximum dollar limit for Colorado small claims.
What is the maximum dollar limit for Colorado small claims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
socrateaser
socrateaser
1,031 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Can a small claims suit be filed within California in the
Can a small claims suit be filed within California in the county where it was delivered vs. the county where the move originated? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
I am a plaintiff in small claims court and was given a
Second opinion] I am a plaintiff in small claims court and was given a default judgment against debtors who did not appear in court. Now there is a motion to set aside the judgment. What are my rights… read more
Juliana
Juliana
Attorney at law
Doctoral Degree
18 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
102,932 satisfied customers
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
I am the defendant in a small claim in Wisconsin, the
I am the defendant in a small claim in Wisconsin, the Defendant and her lawyer did not appear on the scheduled court date - the court dismissed the case. They want to reopen the case, and have a heari… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,002 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x