[excon]

Hello:

I had a roommate once that I didn't get along with, so I PUT him, and all of his belongs out. I was careful not to destroy any of his stuff, and put it under the carport.. True, I illegally evicted him. But, it was a fait accompli. In other words, it was already DONE.

In my view, the ONLY recourse he had at that point, was to sue me in civil court for wrongful eviction... But, COULD the cops have forced me to move him back in?

excon

[ScottGem]

Depends on the mood of the cops, but they can force the landlord to allow a tenant back in if there is no court order keeping him out.

[excon]

Hello Scott:

Exactly HOW would they do that? If I POLITELY refused, could they arrest me? What would be the charge? Obstruction?? Nahhh.

excon

[Fr_Chuck]

I would say no excon, you merely don't answer the door, or refuse to open the door, they have no court order either to force their way into your home.

They can tell the renter that perhaps they believe he as the right to break in, but they can not break in for him.

So when police come to the door, just don't open it, the police have their hands tied.

If you do, ask the police to please leave your yard unless they have a warrant or court order. Just deny that they have any legal right,

[joypulv]

You've read all the variations on this here. Cops have stood there and said 'Let this person back in or else' or 'Let this person in to get papers proving the right to be here.' Cops have also walked away and said 'We don't involve ourselves in who has the right to be here or not.' Laws don't spell this out very clearly at least when I've tried to find any. Maybe it has to do with gender: I remember a guy who was forced to let an ex girlfriend in by male cops. A woman who was treated unfairly by a female cop over a similar situation with her ex boyfriend.

I don't remember anyone saying that anyone was arrested for not doing what the cops ordered, but I also don't remember anyone saying they refused. Would you really refuse?

[excon]

Would you really refuse?

Hello joy:

You betcha!

excon

[joypulv]

You're a better man than I.
So what brought this on?
I am not happy about roommates I've kicked out (2) over the years. They weren't horrid people. I didn't put their stuff outside, good grief. They had time to find a place to go. Just not very much. What did yours do that warranted being tossed to the curb?

[excon]

What did yours do that warranted being tossed to the curb?

Hello joy:

It had something to do with a gun..

But, I was asking, because often times we're asked questions like this, and our standard answer is that a tenant CANNOT be put out.. That, of course, is the LEGAL answer... However, when someone comes along, like the lady who is presently asking about this very subject, I want to give her the CORRECT answer.. I don't feel BOUND by the legal answer... I'm BOUND by the CORRECT answer..

And, if the CORRECT answer is that the cops CAN'T force a landlord to take an unruly tenant back in, then I'm going to consider giving THAT answer when appropriate.

excon

[joypulv]

I do notice that you manage to say that and have the cred to do so. I do think that the law is on the side of the tenant but that many a cop will assess the situation and bend the law or apply it as he or she sees fit. What if you say, politely, that the cops can't be on your property, but the tenant has a driver's license with your address on it? Each cop is different, each situation is different, and laws covering this are not on their own line on the top 20.

[twinkiedooter]

Technically it is a CIVIL matter and the cops will tell you as such when they come out to your call. They cannot force anyone back into a home nor can they eject anyone from the home unless there is a court order saying what to do as they can get in trouble for taking the law in their own hands. They can only remove a person who is say battering upon you or trashing the house and detain them in jail but that is a criminal matter and not a civil matter any longer.