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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30168
Experience:  Lawyer
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I'm a tenant with a houseguest that won't leave I was told

Customer Question

I'm a tenant with a houseguest that won't leave I was told by the police there's nothing they could do that she could come in break the door down break a window to get in whatever because she lives here too said I had to get a eviction notice and serve it to her got the form I was wondering do I put my name under landlord and that guest under tenant or do I put my landlord's name for landlord and me as a tenant on the form or is there anything else you could help me figure out I have to pay for everything and more where nothing's left but she still wants to kick door in when I go to work and just tear up my stuff can
JA: When we are ready I'll take you to the appropriate web page.
Customer: OK thanks you
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Arkansas
JA: Has anything been filed or reported?
Customer: Just reported to my landlord and the police her name was on our lease it was took off she moved her things out but I left her to come back in and out for past month so they told me she's a tenant now and this is her place and she can do and come when she pleases nothing I can do about her breaking or tearing up property that's
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that it's a common problem I sadly just found out and it is ridiculous to me that somebody can tear your property up you can't do nothing about it
Submitted: 10 months ago.
Category: Legal
Customer: replied 10 months ago.
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Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.

In this scenario, you are the landlord and your guest is the tenant. That's because you allowed her into the house, and you're the one who is suing to get her to leave.

She doesn't have a legal right to destroy your belongings. You can move your belongings to a safe location elsewhere. You can put things in your room and put a lock on your door - she doesn't have a legal right to be in your bedroom if that's not the room she's staying in, and it would be a crime to break down the door and enter. Once she's out, you can sue her in civil court for the value of any items she's destroyed, plus punitive damages. That's called "Conversion" and it's the civil equivalent of theft. Just because the police can't remove her from the property for breaking your stuff doesn't mean there's nothing you can do about it.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 9 months ago.

Do you have any other questions about this?