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New Member
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Jul 30, 2011, 08:54 PM
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Can Evict Someone from My Property?
While I was out of town my ex boyfriend took it upon his self to move back in. When I came back from my trip he had changed the locks and moved several other people in. I am the only person on the title to the mobile home but both our names are still on the lease with the manager of the trailor park. I don't know what to do with this matter. Do I have the right to evict him and if so what steps do I take?
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current pert
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Jul 30, 2011, 09:10 PM
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No one is allowed to change locks. But the rest is a quagmire, because you let him be on some sort of lease (for the spot of land, I presume) and you are going to have a tough time evicting anyone except for nonpayment of rent, too many occupants, or destruction. You have to go through the legal process.
What was the purpose of changing the locks - to keep YOU out? If so, and he literally is barring the door, call the police. Stay calm, no shouting, while you go inside and find the papers. Demand a key. Get a locksmith. TRY to get a restraining order based on him changing the locks, a harassing act.
And find a big strong relative or two to stay with you for a while.
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Computer Expert and Renaissance Man
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Jul 31, 2011, 12:53 AM
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How long ago did you return? What happened when you returned? How long had your ex been out when you left? Is there anyone who can testify that he had moved out?
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Expert
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Jul 31, 2011, 06:10 AM
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Originally Posted by ScottGem
How long ago did you return? What happened when you returned? How long had your ex been out when you left? Is there anyone who can testify that he had moved out?
And how do you suppose he got in? Did he have a key?
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Expert
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Jul 31, 2011, 06:59 AM
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Did he break in or did he have a key, if he broke in I would start by calling the police for tresspass.
Him on the lease of the land is the issue
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Computer Expert and Renaissance Man
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Jul 31, 2011, 08:46 AM
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Originally Posted by AK lawyer
And how do you suppose he got in? Did he have a key?
Originally Posted by Fr_Chuck
Did he break in or did he have a key, if he broke in I would start by calling the police for tresspass.
Him on the lease of the land is the issue
Good questions, but if he is on the lease, I'm not sure it can be considered trespass. If the OP changed the locks after he left but never removed him from the lease, then she could have problems with illegal eviction.
But we have to wait for the OP to return and clarify.
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Expert
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Jul 31, 2011, 01:14 PM
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Originally Posted by ScottGem
Good questions, but if he is on the lease, I'm not sure it can be considered trespass. If the OP changed the locks after he left but never removed him from the lease, then she could have problems with illegal eviction.
But we have to wait for the OP to return and clarify.
He is not on the lease. As I read the opening post, the ex is on the space rental agreement, which wouldn't matter. OP owns the trailer.
So, unless he had some sort of rental agreement with her (as to his occupancy of the trailer), she was perfectly free to change the locks. We don't know that she ever did that; it doesn't matter. But in this case, he has changed the locks, after committing a forceable entry (as the term is defined in forceable entry and detainer statutes).
So, to answer her question, yes, she should sue him for possession under the F.E.D. statute.
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Computer Expert and Renaissance Man
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Jul 31, 2011, 02:20 PM
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Originally Posted by AK lawyer
He is not on the lease. As I read the opening post, the ex is on the space rental agreement, which wouldn't matter. OP owns the trailer.
So, unless he had some sort of rental agreement with her (as to his occupancy of the trailer), she was perfectly free to change the locks. We don't know that she ever did that; it doesn't matter. But in this case, he has changed the locks, after committing a forceable entry (as the term is defined in forceable entry and detainer statutes).
So, to answer her question, yes, she should sue him for possession under the F.E.D. statute.
You may be right, but then again, you may not be. The clear assumption here is that he resided in the trailer with her for some period. Without knowing the details of that residency we can't know for sure what rights the ex had, if any.
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