Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I had a female elderly resident in my assisted living

Customer Question
facility. 3 weeks ago, she...
I had a female elderly resident in my assisted living facility. 3 weeks ago, she went to a rehab facility for some treatment and has not discharged from there yet. Terry, her daughter and POA (Power of Attorney) for her mom, just today (Oct. 4, 2017) send me an email informing me that her mom won’t be coming back to my place anymore. They were supposed to give me 30-day notice before leaving. Terry doesn’t want to pay for the month of October either. Their furniture still occupying our master bedroom suite.I told her, I won’t let her take the furniture until she pays for October rent. She said, she will have police escorted her to get her furniture from my place without paying me October rent.
What are my legal recourses?
1) Can police compel me to let her in to my house and get her mom’s furniture without paying due rent? I thought, it will be a civil case and need to be tried in the court.
2) Do I have an obligation to safeguard her property, store it in my house for free, and release it to her whenever she wants to pick it up later this month even if she doesn’t pay October rent?
3) Should I hire a mover to move out all of her furniture to a storage, keep all the receipt for all the expenses and do not give the key to the storage to her until she pays her dues?
[I assume this strategy is the safest one because then police can’t compel me to let her in to my property. Note: she already send me an email stating, her mom is not coming back.]Is there any other option I have. My whole objective is to get the rent for the month of October with least hassle and least litigation cost. I have no interest in her furniture.
Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 minutes by:
10/4/2017
Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,637
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 8 months ago

1) Can police compel me to let her in to my house and get her mom’s furniture without paying due rent? I thought, it will be a civil case and need to be tried in the court.

Likely the tell her it is a civil dispute.
2) Do I have an obligation to safeguard her property, store it in my house for free, and release it to her whenever she wants to pick it up later this month even if she doesn’t pay October rent?

You can tell here you will charge storage here if she doesn't pay for the 30 days.

3) Should I hire a mover to move out all of her furniture to a storage, keep all the receipt for all the expenses and do not give the key to the storage to her until she pays her dues?

Yes because you need to re rent it here.

[I assume this strategy is the safest one because then police can’t compel me to let her in to my property. Note: she already send me an email stating, her mom is not coming back.]

Is there any other option I have. My whole objective is to get the rent for the month of October with least hassle and least litigation cost. I have no interest in her furniture.

No here you could sue her in small claims but she likely has no assets to collect against.Clean it out here and either store it or dispose of it.I would send her another demand letter for the 30 days or it is your intent to sell the personal property to cover the storage fees here and other losses you have endured.You also need to get a security deposit for any clients you have in future.

I appreciate the chance to help you , thanks for rating 5 stars.

Ask Your Own Legal Question
Customer reply replied 8 months ago
I already told her that it is a civil case. It is not about what I will tell her, it is about what police will force me to do when she calls the cop this weekend or next week when she comes in to pick up her furniture. Therefore, I thought, I will be in a stronger position to have all her furniture moved to a storage before she comes in.Problem is since her mom was living in my place, she might be able to have police compel me to let her in next week to get her property.
Lawyer: Ray, Lawyer replied 8 months ago

If the cops tell you to release it then do so.I don't think they will touch this .Best you can do here.

Ask Your Own Legal Question
Customer reply replied 8 months ago
If I have all of her furniture moved to the storage now then cops can no longer ask me to give her the key of the storage, can they?
I do not want to leave it on cops judgement because a lot of time they do not know the laws well enough.I want only one venue open for her to get her furniture back, that is through small claim court, so that I can get my one month rent plus moving and storage cost. Am I correct here?
Lawyer: Ray, Lawyer replied 8 months ago

Yes that sounds like good next steps here.Good luck to you.

Ask Your Own Legal Question
Customer reply replied 8 months ago
Can cop compel me to give her the key to the storage?
Lawyer: Ray, Lawyer replied 8 months ago

Yes they could here, honestly don't think the police will touch this.Civil dispute tenant owes you rent.

Ask Your Own Legal Question
Customer reply replied 8 months ago
they could? Cops could force me to give her the key the storage, are you sure?
That completely surprised me.
If I do not give the key of the storage, can the cop arrest me?
I need a clear cut yes, or no answer here, please.My goal is to take her to the court before she gets hold of her furniture.
What if I I say, I forgot where I put it. I will look, when I find it I will give to her.
Can they force me, arrest me for not telling her the name of the storage company? I assume not.
Only the court will know the whole truth by means of the trial. I do not trust cops judgement, nor do I want to take a chance on cops.
Lawyer: Ray, Lawyer replied 8 months ago

Thats your call here.

Ask Your Own Legal Question
Customer reply replied 8 months ago
My call?
I do not understand. I don't make the law.
I was asking the law as it is written, so that, I can take action according to the law in my advantage.
Or, may be you are saying, it is a gray area?
Lawyer: Ray, Lawyer replied 8 months ago

I am saying if the police tell you to release the stuff you should do so or they may charge you.I also understand why you are trying to hold it here to force payment.If they push you here and threaten charges and they may not do that at that point you decide whether you want to fight this or let the furniture go.As I understand you have no written agreement that allows you to hold furniture of a tenant or client that owes you money.If you had that then the law would side with you.Again don't shoot the messenger its your call here.

Ask Your Own Legal Question
Customer reply replied 8 months ago
Thanks, ***** ***** explained it.
I do not want to shoot the messenger. I just want to know the law.
Earlier you said it will be my call. I want to make my every call according to the law. That is the whole purpose of asking question.I have written contract for 30 days notice but nothing about the furniture.
I have clear following questions:
1) Does the law allow me to put the furniture into a storage if a tenant left and notified me in writing that they are not coming back and won't pay October's rent?
I assume, the answer has to be YES.
If so, then...
2) Does the law allow me to ask her to pay for all the moving expenses before release her furniture from the storage?
I assume the answer is YES again. But I am not sure. If the answer is YES, then cops can't compel me to give her the key before the payment. Correct?
If so,...then...
3) Can I then not also ask for the rent before releasing her furniture in the storage?
Lawyer: Ray, Lawyer replied 8 months ago

1) Does the law allow me to put the furniture into a storage if a tenant left and notified me in writing that they are not coming back and won't pay October's rent?
I assume, the answer has to be YES.
If so, then...

If it is in your contract, otherwise no you can bluff here but no law gives you a lien here.

2) Does the law allow me to ask her to pay for all the moving expenses before release her furniture from the storage?

Ask yes here, otherwise it is not in your agreement and you need to change your agreement.

3) Can I then not also ask for the rent before releasing her furniture in the storage?

Ask yes but no breach of contract if you did not have this in your agreement.You really need to change your agreement, people move, die, etc and if you add this to your agreement you would be on solid legal ground as iis a breach of the contract.Doesn't hurt to ask here even though your agreement is lacking.

Ask Your Own Legal Question
Customer reply replied 8 months ago
Thanks for explaining.
Who will interpret the contract, what is in it and what is not? Cops or the Court?
If the answer is the court, then cops can neither ask me to give her the key of the storage nor should arrest me if I do not give the key of the storage?
Am I wrong here?
Lawyer: Ray, Lawyer replied 8 months ago

Coutrs here not the cops.And you are correct thats all the cops can do..

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,637
47,637 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray 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

24,642 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,059 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

43,763 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 Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
I think I have a breach of contract situation but I want to
I think I have a breach of contract situation but I want to be sure before taking the breaching party to small claims court, or if I even should bother. Can you help with that? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
Small claims/ Breach of contract/ Home improvement, DC,
Small claims/ Breach of contract/ Home improvement … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
301 satisfied customers
How do you do a demand letter for breach of contract? It's
How do you do a demand letter for breach of contract? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
Situation: Michigan. Civil case for breach of contract of a
Civil case for breach of contract of a nondisclosure agreement where plaintiff has lied in a material way numerous times in a deposition invoking the application of the clean hands doctrine and fraud on the court. What are the procedural steps to be taken to motion for dismissal of the case based on the legal theories just listed? … read more
Ray
Ray
Lawyer
47,637 satisfied customers
Is my case an act of negligence or a breach of contract.. I
is my case an act of negligence or a breach of contract. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,059 satisfied customers
Is my case an act of negligence or a breach of contract.. I
is my case an act of negligence or a breach of contract. … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
540 satisfied customers
Need advice on breach of contract, missouri, tried to offer
tried to offer a discount. client refused. client verbally accepted my contract prior to this& asked to schedule a start date. Client refused the contract on the start date agreed. … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,786 satisfied customers
I have a breach of contract (Promissory Note) in Houston.
I have a breach of contract (Promissory Note) in Houston. The Contract had a Confession of Judgement Provision and appointed us Attorney in Fact. Could I file directly with the court the Confession of… read more
Lori
Lori
Juris Doctor
1,564 satisfied customers
A client breached a contract valued at $2900.00 dollars. I
A client breached a contract valued at $2900.00 dollars. I live in ***. She lives in *** . How can I go after her in the courtroom to recover the cost of the completed contract.? *****@******.***… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I intend to file a breach of contract case for about
I intend to file a breach of contract case for about $580,000. My company i a FL LLC, the defendants are 1) a DE corp, 2) a Belize company and 3) a Brazilian national. I have an agreement that sets ve… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I need to sue a company for breach of contract. Florida.
Locating the companies main address and the name and address of the factious certificate holder … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,530 satisfied customers
I have a breach of contract. a prommisory note needs to be
I have a breach of contract . a prommisory note needs to be enforced.. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I tried to connect to a breach of contract link, as well as
I tried to connect to a breach of contract link, as well as a demand letter link, from our conversation on Nov 4, 2017. I received an ERROR message. The issues that were at hand then, are ongoing. My … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
I have a question about a contractor's breach of contract.
I have a question about a contractor's breach of contract. He contracted to build the home for $200,000. 10 months later, with no warning and no notice, he advised my daughter (it's her home) that he … read more
Bill Attorney
Bill Attorney
law
2,429 satisfied customers
In contract law, the first party breaching a contract cannot
In contract law, the first party breaching a contract cannot hold the other party to enforcement of the terms of the contract, as the contract was broken by the first party. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
For you. My first question was about breach of contract with
A follow up for you. My first question was about breach of contract with my billing company and my physician group. I am debating the Breach of Contract Letter and appreciate you advice. My new questi… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
Promissory Estoppel vs Breach of Contract. California
Promissory Estoppel vs Breach of Contract JA: What state are you in? It matters because laws vary by location. Customer: California JA: Has anything been filed or reported? Customer: No. JA: Anything … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,897 satisfied customers
If a Corporation breaches someones contract and files
If a Corporation breaches someones contract and files bankruptcy in New York does that relieve them from the offense they vomited. If not what Orof civil procedure governs that.… read more
Lori
Lori
Juris Doctor
1,564 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