Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This is in response to Lori's response asking for more info:

Customer Question
This is in response to...
This is in response to Lori's response asking for more info:I have a tenant who has been late with the rent for the past 3 or 4 months. He is going through some personal issues that I don't care to get involved with. In the past he has helped around the property with some small remodeling / upgrades / paint and the like. He was obviously lit up Friday evening ........texted me with some foul remarks and threatening to claim squatter's rights so That I would have to hire an attorney to get him out. I am trying to understand sqautter's rights so that I know how to move forward.We do not have a formal lease agreement and he apologized Saturday for his text. I am in process of drawing up a formal lease but am going to be prepared.
Submitted: 25 days ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
4/1/2018
Lawyer: Richard, Attorney replied 25 days ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,595
Experience: Attorney with 29 years of experience.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Ask Your Own Legal Question
Lawyer: Richard, Attorney replied 25 days ago

Good afternoon. First, "squatters rights" refers to acquiring title by adverse possession. Because he is a tenant paying rent, by definition, is occupancy does not satisfy the requirements of adverse possession so you need not worry about that. But, since he is a tenant, if he won't leave volunarily you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. But since he's in default, you don't need to give the typical notice (15-30 days depending upon the state in which your property is located) to terminate the tenancy. Rather, if he does not leave voluntarily, you will then need to give a Notice to Quit...the number of days of such notice depends upon your state..meaning he must vacate the premises within that period or face formal eviction. Then, if he still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move his stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if he poses any threat to your person or property, you can get a restraining order to get him out of the house immediately while the eviction process runs its course.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force him out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Legal Question
Lawyer: Richard, Attorney replied 25 days ago

Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you!

If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Legal Question
Was this answer helpful?
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 56,595
56,595 Satisfied Customers
Experience: Attorney with 29 years of experience.

Richard 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

24,353 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'm selling the car to my friend, (I'm holding title til
Hi again! So, I'm selling the car to my friend, (I'm holding title til paid off) does he need a letter or some sort of proof from me, that he is allowed to drive the car like it's his own?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
Auto title question: I'm buying a used car, the title is in
auto title question: I'm buying a used car, the title is in the seller's alias name, the seller's son is signing as POA, the POA is for the seller's legal name. Will DMV accept this POA?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,238 satisfied customers
We purchased a mobile home not as described and the title
We purchased a mobile home not as described and the title turned out to be retired now the person is telling us he got another title and wants us to accept it and skip the title transfer from the owne… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Have a question about liens and title insurance. North
have a question about liens and title insurance JA: What state is this in? It matters because laws vary by location. Customer: North Carolina JA: What steps have been taken so far? Customer: none just… read more
Lori
Lori
Juris Doctor
1,101 satisfied customers
We sued our neighbor in an Adverse Possession case. They
We sued our neighbor in an Adverse Possession case. They submitted to dismiss. The dismissal was upheld. Can I appeal? If so what's the process?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
Is a parent allowed to transfer title of their home to a
Is a parent allowed to transfer title of their home to a child prior to admission to a nursing home? If so what is the time line requirements? Mom has provision that the home goes to me in her will. P… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
536 satisfied customers
Is possible it to change the title of a house owned by a
Is possible it to change the title of a house owned by a deceased person without going through probate?There is still a mortgage owed on the house which is in New York and the deceased only had two su… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,686 satisfied customers
NJ. REGARDING A PURCHASE AND TITLE OF USED VEHICLE. I
NJ. REGARDING A PURCHASE AND TITLE OF USED VEHICLE.I purchased a used vehicle from a private seller in NJ. The vehicle has 83000 miles. When I went to DMV, I inadvertently checked the box on the Title… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
536 satisfied customers
I have a question about adverse possession in the state of
I have a question about adverse possession in the state of arizona … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,686 satisfied customers
I received a ticket for misdemeanor possession of marijuana
I received a ticket for misdemeanor possession of marijuana in Mi 7 years ago. The State Police officer told me I could pay the ticket when I got home in Ky. I was in Mi because I was critically ill a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
Does the "State Government" exception to Adverse Possession
Does the "State Government" exception to Adverse Possession include Local Government, such as a Township? … read more
socrateaser
socrateaser
1,031 satisfied customers
How many years do I need to ask for an adverse possession in
How many years do I need to ask for an adverse possession in az … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,435 satisfied customers
Lost title owener died how do I get and transfer title.
lost title owener died how do I get and transfer title … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,724 satisfied customers
If I am in possession of the title to my car, am I
If I am in possession of the title to my car, am I considered the legal owner? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 satisfied customers
Local agency possesses Easement document and use it to
Local agency possesses Easement document and use it to approve a permit. Is this document a public record? Thanks.… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,155 satisfied customers
I have a quick question - I am in possession of a title for
hello, I have a quick question - I am in possession of a title for a 1977 Peter Belt truck that my husband bought but was leasing to our driver. We are listed as the first Lienholder in the state of N… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
I was arrested for possession of false identification. At
I was arrested for possession of false identification. At the time it was considered a crime in the state of NH. Since that time they have changed it to a misdemeanor. Does this mean I no longer have … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
Signed auto lease agreement but have not taken possession.
signed auto lease agreement but have not taken possession … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 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