[need to go]

Can a landlord make one roommate ( who is not being evicted but has an EPO against the other roommate) leave the property for a short period so that the other roommate can remove their property without violating an EPO?

[AK lawyer]

No. Its none of the landlord's business.

[ScottGem]

I assume an EPO is some sort of protective order. Please remember this is an international site so local abbreviations may not be universal.

As long as the rent is being paid and there are no disturbances, the landlord has no say in this. However, the other roommate can certainly get the police to accompany them to pick up their things. If the remaining roommate is not there, the landlord can open the unit (though one would assume the other roomie still has their key).

The only place the landlord gets involved here is replacing the roommate. If both roommates are signed on the lease, the landlord would have to agree to release the vacating roommate or write a new lease. And the landlord may also have the right to refuse any replacement roommate.

If there has been disturbances, this would probably be a breach of the lease and the landlord can evict both.

So the background here is very important for us to accurately advise on this situation.

[joypulv]

If I were the roommate who still lives there, I would want to be in my apartment when this happens to make sure nothing of mine is taken or damaged out of spite or even by mistake. The police can accompany the other roomie. If they won't, then I would arrange a time when everything is outside the door and someone else can come get it.

[need to go]

Here's more details: I lived at this resident quit a while when my Mom had some problems and moved in with me. 99% of the belongings in the house are mine but my Mom won't let me on the property to retrieve any of them and the police won't get involved since it's a civil matter because she is claiming all the property as hers and took out a false EPO (emergency protection order) against me. So as of right now I'm being forced to live in a "much in need of drastic repairs" house two houses down from my actual residence. But as of yesterday my landlord is going to evict me to end all the drama and cop calls, which I am not objecting to since I clearly can't live with my mom again, only thing is he wants me permantely off the property so he said he will have the eviction notice today and it'll stipulate that all other tenants can remain living in the house but they must leave for a period of four hours to allow me to remove my property with out incident. And I also have 9 witness statements proving the belonging I wish to remove belong to me. So my question is... if my landlord gives me thus eviction notice and I bring a police office with me, does my mother have to comply? And is that considered breaking the EPO?

[AK lawyer]

... So my question is...if my landlord gives me thus eviction notice and I bring a police office with me, does my mother have to comply? And is that considered breaking the EPO?

As I now read your latest post, you are the lessee and your mother is your guest;. However your landlord will be giving you a notice to quit.

Please understand that such a notice is what the landlord needs to do in order to go to court to evict you. It wouldn't, by itself, force you to leave. And since your stuff, your mom, and your room-mates are still in the premises, you still legally "occupy" the leasehold (along with the others).

The LL cannot require the others to temporarily move. Landlord can give everybody notices to quit, but would have to wait the requisite period (usually 30 days) before going to court to evict them. After they are gone, the LL could, I suppose, allow the others back in, but under a new tenancy.

Whether the EPO is broken would depend on the terms of that order.

[need to go]

On the Order of Protection my mother filed against me she stated she was the primary resident so I am not allowed to move back in, which is not something I want I just want my belongings. I am okay with being evicted because if my mother has to comply with the landlords wishes and leave the property for the four hours I can take my stuff and not deal with the drama, which is why the landlord is evicting me. It's the only way I can figure to get my stuff and go without breaking the EPO. The only thing worrying me is the possibility the police will not ask her to leave and stay while I get out. Is it not at landlords discretion to have tenants leave the property for certain amounts of time if it is necessary to repair, protect and maintain order of his property? They have people leave like that for exterminators and carpenters all the time.

[ScottGem]

Here's more details: I lived at this resident quit a while when my Mom had some problems and moved in with me. 99% of the belongings in the house are mine but my Mom won't let me on the property to retrieve any of them and the police won't get involved since its a civil matter due to the fact that she is claiming all the property as hers and took out a false EPO (emergency protection order) against me. So as of right now I'm being forced to live in a "much in need of drastic repairs" house two houses down from my actual residence. But as of yesterday my landlord is going to evict me to end all the drama and cop calls, which I am not objecting to since I clearly can't live with my mom again, only thing is he wants me permantely off the property so he said he will have the eviction notice today and it'll stipulate that all other tenants can remain living in the house but they must leave for a period of four hours to allow me to remove my property with out incident. And I also have 9 witness statements proving the belonging I wish to remove belong to me. So my question is...if my landlord gives me thus eviction notice and I bring a police office with me, does my mother have to comply? And is that considered breaking the EPO?

The landlord can make no agreement binding on your mom. The landlord can only give you a vacate notice. He has to go to court for an eviction order.

If you mom is claiming ownership of your belongings then you have to go to court and prove ownership and get a court order allowing you to retrieve the belongings.

From what you are saying, you are the lessee who allowed your mom to move in with you. If that;s the case, I'm not sure the landlord can evict you and not her.

On the Order of Protection my mother filed against me she stated she was the primary resident so I am not allowed to move back in, which is not something I want I just want my belongings. I am okay with being evicted because if my mother has to comply with the landlords wishes and leave the property for the four hours I can take my stuff and not deal with the drama, which is why the landlord is evicting me. Its the only way I can figure to get my stuff and go without breaking the EPO. The only thing worrying me is the possibility the police will not ask her to leave and stay while I get out. Is it not at landlords discretion to have tenants leave the property for certain amounts of time if it is necessary to repair, protect and maintain order of his property? They have people leave like that for exterminators and carpenters all the time.

Are you the lessee or is she? If her name is not on a lease and yours is. Even if the lease expired, then the statement that she is the primary is subject to challenge. Again, the landlord cannot make an agreement for her. Nor can he compel her to vacate for a window of time. This is not like doing repairs.

The way you get your belongings is by arranging a time with mom whereby you can come and get them. A third party (preferably a police office) would need to accompany you to ensure the terms of the EPO are kept. If mom does not agree to this, then you need to get a court order entitling you to retrieve your belongings.

[AK lawyer]

... The only thing worrying me is the possibility the police will not ask her to leave and stay while I get out. Is it not at landlords discretion to have tenants leave the property for certain amounts of time if it is necessary to repair, protect and maintain order of his property? They have people leave like that for exterminators and carpenters all the time.

Actually, no. While a landlord may have access to the premises for certain purposes, a landlord cannot (absent specific language in the lease) require the lessee to leave the premises for workmen etc.

As previously noted, it will depend on the language of the EPO, but if in doubt get the judge to modify the EPO.

From what you are saying, you are the lessee who allowed your mom to move in with you. If that;s the case, I'm not sure the landlord can evict you and not her.

OP is in effect stipulating to leave (or arguably has abandoned possession of the premises subject to the right to get OP's stuff). Under those circumstances, I believe the LL can evict anyone, such as the mother, who occupy the premises under OP's occupancy.

[need to go]

Actually there is no lease... no signed papers of any kind... its a month to month.

[AK lawyer]

Actually there is no lease...no signed papers of any kind...its a month to month.

In that case, what I wrote previously applies. The LL cannot require her to step out of the unit for a few hours.

[ScottGem]

OP is in effect stipulating to leave (or arguably has abandoned possession of the premises subject to the right to get OP's stuff). Under those circumstances, I believe the LL can evict anyone, such as the mother, who occupy the premises under OP's occupancy.

Yes I meant to add, that since the OP has already vacated. A vacate order is superfluous and an eviction order would be moot.

Actually there is no lease...no signed papers of any kind...its a month to month.

Never a lease? You just moved in without any paperwork?