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Can a tenant be charged with trespassing if they do not

Customer Question
Can a tenant be...

Can a tenant be charged with trespassing if they do not leave the property after her lease has expired

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New Jersey

Lawyer's Assistant: Has anything been filed or reported?

She was given a letter 60 days ago saying her lease would not be renewed her lease expired on September 15 and she is refusing to move now

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

Yes I filed for possession of the property about 45 days ago she's a month and a half behind on her rent we have a court date of September 21

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/15/2017
Real Estate Lawyer: Roy Hadavi,
 replied 11 months ago
Roy Hadavi
Category: Real Estate Law
Satisfied Customers: 1,501
Experience: Attorney at Law Offices of Rosenstein & Associates
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Roy Hadavi,
 replied 11 months ago

The tenant cannot be charged with trespassing, but you can bring an unlawful detainer suit to have her evicted.

Once the hearing is completed and the eviction is granted by the court, you will be able to serve the tenant with a writ of possession and get the sheriff's office to help you move her out.

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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.

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).

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