Forums
New posts
Search forums
What's new
New posts
New profile posts
Latest activity
Internet Search
Members
Current visitors
New profile posts
Search profile posts
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Forums
General Discussions
The Watercooler
"Establishing residency" ?
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="Sara PA" data-source="post: 176040" data-attributes="member: 1498"><p>I doubt very much that you will find many, if any, state laws covering what constitutes residence in a particular house and what steps must be taken to remove guest who have overstayed their welcome. What is true is that police can't go into a home and remove one or more of the occupants based simply on another's saying that the others don't really live there. What if the unwelcome guest called the police and said the home owner/leaseholder was the tresspasser? It's been tried. Police want and should have a legal opinion -- court order -- about who has the right to live in a residence before they step in and start physically removing people. They can't sort that out on the spot.</p><p></p><p>There are landlord-tenant laws in most, if not all, states. Giving notice, what to do with property left behind, and the eviction process are all covered in those laws. None that I ever saw spell out how, if any way, those laws apply to family members or guests. </p><p></p><p>The landlord tenant laws with which I am familiar say that property left behind when someone leaves or is evicted must be kept in a secure location -- not necessarily in the unit -- for a particular period of time. You can't just toss it out on the curb but it doesn't have to stay in the unit. Packing things up and putting them in a secure garage is not a violation of that law. Tenant's property can't be kept, destroyed or allowed to be stolen by landlords, at least for a specific period of time.</p><p></p><p>IIRC, being unable to lock a spouse out of a home in a separation/divorce situation is based on the fact that both spouse are usually owners the house or are on the lease, in the case of rental. You can't lock someone out of the house he owns.</p></blockquote><p></p>
[QUOTE="Sara PA, post: 176040, member: 1498"] I doubt very much that you will find many, if any, state laws covering what constitutes residence in a particular house and what steps must be taken to remove guest who have overstayed their welcome. What is true is that police can't go into a home and remove one or more of the occupants based simply on another's saying that the others don't really live there. What if the unwelcome guest called the police and said the home owner/leaseholder was the tresspasser? It's been tried. Police want and should have a legal opinion -- court order -- about who has the right to live in a residence before they step in and start physically removing people. They can't sort that out on the spot. There are landlord-tenant laws in most, if not all, states. Giving notice, what to do with property left behind, and the eviction process are all covered in those laws. None that I ever saw spell out how, if any way, those laws apply to family members or guests. The landlord tenant laws with which I am familiar say that property left behind when someone leaves or is evicted must be kept in a secure location -- not necessarily in the unit -- for a particular period of time. You can't just toss it out on the curb but it doesn't have to stay in the unit. Packing things up and putting them in a secure garage is not a violation of that law. Tenant's property can't be kept, destroyed or allowed to be stolen by landlords, at least for a specific period of time. IIRC, being unable to lock a spouse out of a home in a separation/divorce situation is based on the fact that both spouse are usually owners the house or are on the lease, in the case of rental. You can't lock someone out of the house he owns. [/QUOTE]
Insert quotes…
Verification
Post reply
Forums
General Discussions
The Watercooler
"Establishing residency" ?
Top