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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38156
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Please help me.....I live in Baltimore, I just moved into a

Customer Question

Please help me.....I live in Baltimore, I just moved into a new place my sons father had no where to go he asked to stay one night then it turned into 2weeks, he is not on my lease can i just call the police to have him leave since it has not been 30days and
Submitted: 12 months ago.
Category: Legal
Expert:  Barrister replied 12 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Does he have his personal property there like his clothes, toiletries, and other things?

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Does he have a key to the property?

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Does he get his mail there?

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thanks

Barrister

Customer: replied 12 months ago.
2 bags of clothes, he has no keys,he got fired and filed for unemployment so that is the only mail
Customer: replied 12 months ago.
Cant afford an addional charge
Expert:  Barrister replied 12 months ago.

Those phone call offers are not generated by me, but rather by the JustAnswer website. I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though if you will give me a few minutes...

Customer: replied 12 months ago.
im sticking with you thanks ill wait on your responce
Expert:  Barrister replied 12 months ago.

This is kind of in the grey area because once you let someone stay with you over a few days, they can gain the legal rights of a tenant and you would then have to evict them through the courts.

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But if he has no key, you could call the police and tell them that you have someone who won't leave your property. They will come out and it is a coin flip as to whether they will make him leave as a trespasser or whether they will tell you he is your tenant and you have to evict him through the courts.

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The other way, and I never recommend this, is to notify him that he is no longer a guest, put his bags outside and lock the door and tell him to come get them. That is a last resort and only if you don't think he would have any money to file a small claims lawsuit and try to claim that he is legally a tenant and you illegally evicted him.

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So if I were going to try the "throw him and his stuff out" option, I would do so and then tell him that you were calling the police to have him arrested for trespassing and stalking if he didn't leave. Then if he won't, call the police and keep your fingers crossed that they just tell him to move along..

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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 12 months ago.
Ok, what if i took his clothes and dropped them off to his moms house and just keep my doors locked so if i have to call the police his stuff is not even here!?
Customer: replied 12 months ago.
Can my landlord call the police and do something cause he is not on my lease
Expert:  Barrister replied 12 months ago.

Ok, what if i took his clothes and dropped them off to his moms house and just keep my doors locked so if i have to call the police his stuff is not even here!?

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I like that idea even better...

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Can my landlord call the police and do something cause he is not on my lease

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The landlord could issue him a written notice to leave the property. Then he becomes a trespasser since he is not on the lease and the police can arrest him.

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thanks

Barrister

Customer: replied 12 months ago.
Where do they get the written notice to serve and does the notice need to state vacate permisses immediately
Expert:  Barrister replied 12 months ago.

There is no standard notice....he can just write on a piece of paper that the person is not allowed on the property and hand it to him or have the sheriff serve it on him..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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Thanks much

Barrister