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funnyat1020 · Apr 27, 2008, 06:44 AM

I have recently won a judgement and eviction against a renter. This tenants actions - specifically overloading the apartment with undesireables and reeking havock with excessive noise and unsupervised children has my other tenants in an uproar. I have called the police several times to remove the non-tenants from the property, to which I was told that they are the tenants guests and can stay. Is this correct? The sheriff will be here any day to issue the 72 hour notice; legally, does this tenant have rights? I was told she has squatters rights - what does this mean?

rpg219 · Apr 27, 2008, 06:50 AM

Some info I found on this subject...
Squatters rights legal definition of Squatters rights. Squatters rights synonyms by the Free Online Law Dictionary.

LisaB4657 · Apr 27, 2008, 07:17 AM

Squatters no longer have "rights" by law. If the police see the undesirables as the tenant's guests, and if the lease does not prohibit guests, then they can stay as long as the tenant can stay. Once the tenant is evicted, however, everyone else staying there must go as well. Make sure that you have someone available on the day of the eviction to change the locks.

Fr_Chuck · Apr 27, 2008, 07:21 AM

I would assume you got a legal eviction from the housing court. And yes the local city police do not inforce it, this is done by the sheriff department who has its procedure, as you noted they are giving them a so many hour notice to move, then if they are not out, they come and stand there while you move all of their belongings out.

If you did not know what the eviction was and how to enforce it, you need to learn the laws of your area before being a landlord.

JudyKayTee · Apr 27, 2008, 01:37 PM

Originally Posted by funnyat1020

I have recently won a judgement and eviction against a renter. This tenants actions - specifically overloading the apartment with undesireables and reeking havock with excessive noise and unsupervised children has my other tenants in an uproar. I have called the police several times to remove the non-tenants from the property, to which I was told that they are the tenants guests and can stay. Is this correct?? The sheriff will be here any day to issue the 72 hour notice; legally, does this tenant have rights? I was told she has squatters rights - what does this mean??

I would respectfully suggest that you read the rules for posting - Fr Chuck gave you good advice. You may not like it; you may not think it's at point; it does not make that advice incorrect.

scri8e · Apr 27, 2008, 01:48 PM

The eviction paperwork should have addressed the tenants by name and added a statement and all
Others in possession. Or all other occupants
(Included the address)
Residing at 123 tenants lane, City, State unit # (if applicable.)

Your rental agreement whether it be a term lease or a month to month should have a clause about guests. Most state that a guest cannot
Stay over night either consecutively or cumulatively longer than 14 days in a 12 month period. If they do it is considered a breach of the rental agreement and the guest/s must leave or the entire bunch of them will be evicted for violating the agreement.

JudyKayTee · Apr 27, 2008, 01:54 PM

Originally Posted by scri8e

I had a log in board software hang up problem. I deleted it. You are quick today.

Back the post topic.

...........

The eviction paperwork should of addressed the tenants by name and added a statement and all
others in possession. Or all other occupants
(Included the address)
residing at 123 tenants lane, City, State unit # (if applicable.)

Your rental agreement whether it be a term lease or a month to month should have a clause about guests. Most state that a guest cannot
stay over night either consecutively or cumulatively longer than 14 days in a 12 month period. If they do it is considered a breach of the rental agreement and the guest/s must leave or the entire bunch of them will be evicted for violating the agreement.

Must vary from State to State - in NYS such a statement is not necessary. If the tenant is evicted they ALL are evicted - and will be removed if they have to be.

scri8e · Apr 27, 2008, 02:03 PM

Very possible. LL/TT law varies a great deal from State to State. Also can vary from county to county with in the state and city to city with in the county.

That said in CA we cannot have the tenants possessions put on the street with the tenants at sheriff lock-out. I WISH we could~! There is a long and can be tedious process to return/store/or auction off the possessions left by the tenant at lock out or move out if the total amount of value is deemed to be over $300 value.

Kellygable1 · Jul 19, 2011, 04:41 AM

Roommate has abandoned me in her condo. Hat rights do I have?

JudyKayTee · Jul 19, 2011, 06:10 AM

For starters we need more info - does she own or rent? Where? Is there a lease?