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Emergency eviction help

Discussion in 'Other Criminal Law Issues' started by Chrislegalhelp, Sep 7, 2020.

  1. Chrislegalhelp

    Chrislegalhelp Law Topic Starter New Member

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    Jurisdiction:
    Mississippi
    How can we quickly evict someone who we feel is a danger to other residents? Will they be protected under the covid eviction ban?
     
  2. justblue

    justblue Well-Known Member

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    In what way do you feel they are a danger?
     
  3. adjusterjack

    adjusterjack Super Moderator

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    It would help to know what the arrangement is. Do you own an apartment building, just a house or duplex, or is this a roommate situation?

    Details count.

    Answer justblue's question too.
     
  4. mightymoose

    mightymoose Moderator

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    If they have sufficient evidence to support that the person is a danger then the other residents could attempt to obtain a restraining order. That order, if granted, could require a person to move out.

    Otherwise, ask nicely for the person to leave and be able to do so without penalty. Maybe even offer a little money to help with moving expenses.
     
  5. Chrislegalhelp

    Chrislegalhelp Law Topic Starter New Member

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    He has threatened multiple times to shoot the place up and burn the house down. He has been in jail numerous times for many different reasons. Many drug related. He was supposed to leave yesterday and after being caught stealing things that were not his we locked the doors letting him get away with a lot of it so as to not exacerbate things. This morning he was caught at 3 am stealing guns out of the safe, the cops were called and when they showed up they said they couldn't arrest him since that is the address on his driver's license and he can't break into his own residence. Nothing on the eviction has been on paper since he is a relative we were trusting him on his word and didn't want to give a reason for a situation to arise.

    It is a house, and recently the owner, our grandmother has passed away. My aunt is the executor at the moment and he was not included in the will, but as he has had no other place to live we didn't want to kick him out on the streets, but since she passed about a month ago he has been caught nearly daily stealing from the house and with last night's event we cannot allow him to remain there, and the relative the house is being sold to fears for her life and is not willing to move in while he is there.
     
    Last edited: Sep 7, 2020
  6. adjusterjack

    adjusterjack Super Moderator

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    That might be enough for a restraining order or protective order.

    Check your local court's website for forms and instructions.
     
  7. Chrislegalhelp

    Chrislegalhelp Law Topic Starter New Member

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    So even though he is dangerous to the other residents and the local cops know this, has never paid rent or anything else, has many witnesses to his verbal agreement to leave by the 7th (at least 30 days from time told to leave) we could still get arrested for changing all the locks if he decides to protest? Without filing eviction on paper or an order of protection which seems like it would be 2 weeks at minimum.
     
  8. justblue

    justblue Well-Known Member

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    Where did anyone tell you you would be arrested for changing the locks?
     
  9. justblue

    justblue Well-Known Member

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  10. Chrislegalhelp

    Chrislegalhelp Law Topic Starter New Member

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    The cops themselves when we told them we'd just change the locks so he couldn't get inside anymore. In their words, if we have to come back out in that instance then they would be taking someone with them. Implying us for changing the locks.
     
  11. justblue

    justblue Well-Known Member

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    The police were likely threatening arrest for disorderly conduct or something. Changing the locks is a civil matter, not criminal.

    Read the LL/Tenant laws for your state along with the covid restrictions. If the tenant is threatening you with bodily harm file a criminal complaint (go to the PD if you must) and file for a RO. Please note that the person that is being threatened must be the one to file the complaint/RO...You, personally, can't do so on their behalf.
     
  12. Chrislegalhelp

    Chrislegalhelp Law Topic Starter New Member

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    So just to be clear, the deceased person allowed him to move in rent free with no contract or paperwork, but since he lived there for longer than 30 days, he legally becomes a tenant and the executor becomes the landlord and has no need to pay anything and can freely stay until otherwise legally evicted or served with the RO or criminal complaint?
     
  13. justblue

    justblue Well-Known Member

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    Right now he is a tenant whether he pays rent or not. He must be treated as a tenant. Again, study the ll/tenant law that I linked to in post #9.
     
    Chrislegalhelp likes this.
  14. mightymoose

    mightymoose Moderator

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    Yes.

    If you want to change locks and force him out you can. You just give him reason to sue over it. If he follows through and is successful it could end up being an expensive decision. If you do not let him back in the police can not force you to allow him in. His option is to seek damages in civil court. This is not your best option, but you won't be arrested for locking him out.

    If he has made any recent threats you can seek a restraining order. You get a temporary order the day you file it and that remains in effect until the hearing. That order can require him to move out immediately.

    Restraining order or not, you need to begin the eviction immediately. As I noted earlier, sometimes offering some cash to move out will speed things along and avoid the need for court.
     

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