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Re: You can't just throw him out (maybe)

Posted by louis on July 28, 2000 at 15:28:00:

In Reply to: You can't just throw him out (maybe) posted by MikeW on July 28, 2000 at 12:39:40:

: Your guest has been in your apartment long enough for it to be considered his residence. If he can prove that you have to go through the eviction process to get him out. BTW, the standard of proof is very low (does he get mail there, have the neighbors seen him around consistantly, etc.).

But what you are proposing here is a pretty untenable situation from this fellow's point of view. You are asking him to acknowledge that the guy has tenant status and then begin eviction proceedings. It can take months to do that. Meanwhile this guy is living there, on his sofa, rent free. Strikes me as a pretty abysmal situation.

What I would do if faced with a situation like this is to weigh the options. If locked out, will this fellow pursue legal process? Will he call the cops? Would the cops actually say, "sorry, you've got to give this guy back your sofa."
Can he prove he was a tenant? That he has paid rent?
But most of all I would get good legal advice from a lawyer and not from someone on a bulletin board.

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