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cassie999
Jan 14, 2008, 07:34 AM
my husband and I own two homes. We live in NY but frequent our home in Florida. He has a son from prior marriage that likes to squatt when we are not in the Florida home, without our permission. My husband passed away a couple of weeks ago. He was a retired police officer and his son has been in trouble with the law and with drugs. He has left his son nothing of value in his will but when my husband passed away his son came up to NY and is now in our home up here. I went to Florida and put new locks on the house and put the security alarm back on that had been tampered with, assuming by my step son. I have cleaned out the house of my stuff and placed anything that was not ours in a room. I was planning on putting the stuff in storage and letting my step son have access to get his stuff, but last night while I was at the house a police officer came by and told me that I was not allowed to EVICT a person this way, and that someone notified my step son, who 3 weeks later has still not left my residence up in NY, that I was down there and throwing his stuff out!
I don't want any trouble with the law etc. Am I doing something wrong? PLEASE let me know ASAP!
Thanks,
Sandy

ScottGem
Jan 14, 2008, 07:44 AM
The question is whether the stepson ever occupied the home with you husband's and your knowledge and consent. Or whether he paid rent or not. If he did not pay rent and did not have permission to occupy the home then the police were wrong. Just explain to the officer that the step son was not a tenant, nor did he have express permission to use the home. That all you were doing is cleaning and fixing up the house.

As for him still being in the NY home, why did you allow him to to stay in the first place. As soon as you get back tell him to pack up and leave the next day. He's a guest who has outworn his welcome.