When a person moves out of your home without taking any of their things, what rights do you have?

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When a person moves out of your home without taking any of their things, what rights do you have?

My girlfriend and I rent a house. Her best friend moves in with us. Well she left 2 days ago but hasn’t moved any of her stuff out and she won’t give us the key till her stuff is out. Well this girl is lazy and we know she wont get around to moving it out. So I’m wondering, since she didn’t sign the lease with us do we legaly have to give her a certain amount of time to get her stuff out? Or can we legally keep it or get rid of it ourselves? Does she have the right to keep a house key? She came into the house twice while we were gone, is that legal of her?

Asked on May 16, 2012 under Real Estate Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If this girl can establish herself in any way as a tenant then she has rights there and you should not  - can not - do anything with her stuff or you could be the ones to get in to big trouble.  And you can not change the locks either until you have legally evicted her.  Yes, evicted her.  So I would make some sort of deal to "help her" move and get on with your lives.  Good luck.


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