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My boyfriend left to go out of town for a few days and his…

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My boyfriend left to...

My boyfriend left to go out of town for a few days and his estranged ex girlfriend had his garage opener and she let herself in his house and has been staying there while hes been gone he can literary can see her on the his security cameras he just got back to town went the house and called the cops they showed up and saying she has one utility bill (thats she created by the way) in her name and she doesn't have to leave i dont understand how she has no keys there and shes not on the lease and she has no permission being there at all what can he do

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

This is Memphis

Lawyer's Assistant: What steps have you taken so far?

Showing police his lease

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just advice please

Submitted: 2 months ago.Category: Legal
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Answered in 1 minute by:
5/29/2018
Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Legal
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 2 months ago
Okay
Customer reply replied 2 months ago
No text is fine
Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your boyfriend's situation.

How long ago has it been since they broke up/ she moved out?

She is guilty of the crime of trespassing and as such, should have been arrested.

Is she still at his home currently?

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Lawyer: Nisha Jones,
 replied 2 months ago

The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

Did you receive my prior message? If not, I can resend it, just let me know. Thanks!

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Customer reply replied 2 months ago
I received it
It’s been about 10 months since they broken up she’s not on the lease she has no property over there and the police didn’t make her leave they said he can go in there but if he goes in his house with her in there that’s a one way ticket to jail what should he do
Customer reply replied 2 months ago
She was in the house with another individual that was sent to jail because of what they had on them but not her
Customer reply replied 2 months ago
What can he do
Customer reply replied 2 months ago
This isn’t right at all
Customer reply replied 2 months ago
Hello
Lawyer: Nisha Jones,
 replied 2 months ago

Just a moment while I finish typing up some information for you, thanks!

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Customer reply replied 2 months ago
Ok
Lawyer: Nisha Jones,
 replied 2 months ago

Your boyfriend should consider going in person to the local police station and asking to speak with a sergeant.

Typically the police choose not to get involved in tenancy issues, unless there is a formal court order or eviction order.

However this is clearly a matter of trespassing, which is a criminal offense.

Your boyfriend should speak with a sergeant and explain all of the facts that you've mentioned above. The sergeant should at that point authorize her arrest if she still fails to leave the home.

If the police ultimately choose not to get involved (although I believe they will based on these facts), then his recourse would be to file a request for an eviction order through the local county courthouse.

Since there is no written lease, it would be a fairly quick process to obtain a formal eviction order. He would need to go in to the clerk of courts office at the local courthouse, and they can help him with obtaining and filing the necessary paperwork.

Again though, this is clearly the crime of trespass and something that your boyfriend should take up with a superior at the local police station.

He may also want to consider obtaining a civil protective injunction (restraining order) from her.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Lawyer: Nisha Jones,
 replied 2 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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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.

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