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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16710
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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We let a friend stay with us yrs without a lease or anything

Customer Question

We let a friend stay with us for 3 yrs without a lease or anything except as a favor when we were told 6 weeks. We supported him when he lost 12 jobs because of mental health issues. Never had called ourselves his landlord or him a tenant. Never asked for any rent. Was given some money on occasion because he wanted to contribute to expenses we had because of him but more often than not no. Recently mental health (drugs mostly) issues arose and he threw 3 tantrums breaking things and calling us names, etc. Last time he attacked physically my friend fracturing collarbone, injuring hand because he thought she was calling 911 and ripped phone out of wall and beat her with itl Threatened our lives saying he was going to kill us and damaged my home ripping things off walls, etc. Will file civil harrassment papers tomorrow morning but must we evict also as was his call to move out in first place. sared for my life still., Could happen anytime as behavior is worse all the time, Will harrassment stop this or must we evict even tho no formal lease of any kind. Refer to him as friend. Refers to us as roommates as we are older and not called friends to his friend's faces, This was not our call., Doesnt want to go very quickly. Takikng time as told by friends he has tenant rights now/ What to do?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 2 years ago.
Hello. My name is ***** ***** I will be glad to help you.
I am sorry to hear about this unfortunate situation.
Was the assault and battery reported to the police?
Customer: replied 2 years ago.
Expert:  Alex Esquire replied 2 years ago.
Thank you for your follow up.
Was the crime reported right away and was this attacker arrested?
Customer: replied 2 years ago.
J6/12/16yes they came but refused to arrest him, said evict and left. were of no help
Customer: replied 2 years ago.
reported him as he did not want to wake judge.
Expert:  Alex Esquire replied 2 years ago.
Thank you for your follow up.
It is strange that police would not make an arrest if a person actually assaulted another person and caused serious bodily injury and that is something that generally has to be addressed with the police department supervisor or chief.
Unfortunately, someone who resides in a house for over 30 days, is considered a tenant, regardless of whether the person is paying rent or contributing to any other household expenses and unless the court grants a restraining order against such tenant which would force the tenant to move out, then a formal eviction has to be pursued in order to evict such person.
I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.
I wish you the best of luck and God bless you!
Expert:  Alex Esquire replied 2 years ago.
Do you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.
Expert:  Alex Esquire replied 2 years ago.
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