I had a tenant who took ill and died, and now the unit has been occupied by her friend who was not living there before she became ill. When I confronted this person he said that he was just disposing of her stuff and would vacate by the end of the month, there are 2 months rent past due. I have since found out that the lock was changed at some point, and am assuming that this person will not vacate willingly. My question is whether I can just take possession of this unit without going to court by posting a 3 day notice and having a locksmith change the lock, as I have never had any legal dealings with this person?

Before doing any of that I would call the police (non-emergency number) and ask them if this is OK. I assume so, since this person is not on the lease and has no right to change the locks on your building.

But before this leave the person a letter giving them 72 hours to vacate as they do not have a lease.

Hello cw:

In terms of the law, one needs to be specific and accurate in their use of language. You don't have a squatter, you have a trespasser.

I would call the cops TODAY.

excon