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Re: how do you evict a person who is not on the lease?
by B
on October 26, 2014 @23:07
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If she is not included in the lease then simply call the police and report her trespassing. Not being in the lease means she has no right to be in the house if you don't want her there. More than likely you are in breach of your own lease, having a squatter that is in the dwelling full time but not on the lease.
Bad idea to put the energy bill in her name, have that changed immediately and then get her out of the house. If your LL finds out he will have the right to issue a cure or quit notice and then evict you if you don't add her to the lease or get her out.
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Re: how do you evict a person who is not on the lease?
by B
on October 26, 2014 @23:51
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You're right, she does live there, because her son allows her too. This can be terminated at any time if he chooses. She has no legal protection if she isn't on the lease.
And I agree police have better things to do but this is what they seem to deal with at the end of the day.
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Re: how do you evict a person who is not on the lease?
by Anonymous
on October 27, 2014 @00:15
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Its never up to the police to determine who is and who is not on the lease. As far as you know here the mother could be a tenant due to the actions or nonactions of the landlord. If the police decide who is and who is not a tenant, I hope they have a good attorney, as no officer has the authority to remove a tenant under such circumstances. That is left to the court system.
Also a police officer does not interpet the law. Thats what a Judge and JUry is for.
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Re: how do you evict a person who is not on the lease?
by Anonymous
on October 27, 2014 @10:54
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How would one know if the mother was a guest, a roommate or a lodger? Each one has protection under State law. Under Mass law one can become an establish tenant by several means without being on a lease. Just being there more than thirty days could do so. There was an oral agreement between the family members also which could also make the mother a tenant. Only the court can evict someone, picking sides could lead to a nice civil suit for damages.
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Re: how do you evict a person who is not on the lease?
by Anonymous
on October 27, 2014 @11:16
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Landlords Tenants - Maryland Attorney General
Eviction is a legal procedure. To evict, in Maryland you must go to district court to get a judgment. Then the court will issue an order of eviction. Anyone who moves a tenant's belongings out of the home, changes the locks, or cuts off utilities without a court order may be criminally prosecuted and liable for damages. Also you do not necessary have to have a lease, as an Oral lease is valid in Maryland.
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