A common conundrum for law enforcement, judicial officials, and citizens is how to remove an occupant from residential property when the occupant is not a tenant. If the occupant is a tenant, even one holding over after the expiration of the lease, the law is clear that the property owner is required to evict the tenant, using the judicial procedure of summary ejectment if the tenant refuses to vacate the property. When it is not clear whether the occupant is a tenant or a trespasser, law enforcement may hesitate to arrest the occupant for trespass, especially if the occupant argues that the property is their residence. Sometimes, a law enforcement officer may instruct the property owner to file a criminal complaint with the magistrate for the issuance of criminal charges for trespass or other applicable crimes. Sometimes, the officer may instruct the property owner to file an action for summary ejectment, only for the property owner to learn in small claims court that this remedy is not available in situations where there is no landlord-tenant relationship.
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Tag: expedited removal of unauthorized persons