EP Can Officers Remove a Visitor From a Home After the Person Who Let Her In Died?

[00:00:00]Hello, it's Anthony Bandiero here, attorney and Blue to Gold instructor. Uh we're going to do another roadside chat.

[00:00:05]I we're actually in Littleton, uh Colorado. Uh Tim, he's a a deputy, right? Or lieutenant, I should say, but uh in from Florida. He came all the way out from the great state of Florida to Colorado to attend the CSSI class because we're making him an SME for search and seizure. So, a lot of acronyms being thrown around, but the certified search and seizure instructor and subject matter expert. And I said, "What better way to indoctrinate you into the life of being an SME than to maybe let you walk in my shoes for a second?" Because as you probably know, I answer a lot of questions online. I try to give officers some guidance. And this one is from an officer in California. I think, you know, just use whatever law you want to use cuz I think it'll probably be the same.

[00:00:47]And the question is, five tenants, including the property owner, live in a condo and all pay rent.

[00:00:54]They're cozy.

[00:00:55]The owner's mother has been visiting regularly to take care of her her terminally ill daughter who gave her a key.

[00:01:04]Now, the owner the owner dies. The next day officers are called because the tenants want the mother removed. The mother refuses to leave or surrender the key. She has no lease and pays no rent.

[00:01:16]Now, am I understanding that she just she's a visitor?

[00:01:19]>> Yes. Yes, she's a visitor with a sole you know, a particular reason to be there.

[00:01:23]>> Yeah, and her and it just make sure I'm clear. She's only going there to to to to to go see her terminally ill daughter.

[00:01:30]>> Yes, sir.

[00:01:30]>> But the terminally ill daughter is still alive. Somebody else died.

[00:01:33]>> Yes.

[00:01:33]>> Okay, I don't know why these facts threw me >> the the daughter ended up dying.

[00:01:36]>> Okay, okay, good. The the thank you. The daughter yes, that that makes some The daughter ended up dying. She Now she's she was there just to go take care of her, but she's not really a tenant.

[00:01:46]>> Right.

[00:01:46]>> She's a visitor.

[00:01:47]>> Mhm.

[00:01:48]>> Okay. I think I have my opinion on this one. What do you think? Do you think we can they can actually have her trespass?

[00:01:54]>> Well, it's it's to me it would from from the facts that I gathered from it the way I understand it.

[00:02:01]Um it's a complete civil matter.

[00:02:03]>> Okay.

[00:02:03]>> Um yes, while the daughter was alive, she had limited I guess rights to be there for a specific job, but the second the daughter died, that whole reason was gone away.

[00:02:16]>> And and also the the person who gave her the reason to be there went away.

[00:02:19]>> Yes, the fact that and I think that it it states that she had a key, but again, we talked about this a while ago. I could I could hand you the keys to my truck so you could use it while I'm out of town, but it's limited to that.

[00:02:31]>> Right, and you can take it back anytime you want.

[00:02:32]>> time. And if I died, you no longer have any reason to take it. So it doesn't transfer any kind of ownership or any kind of proprietary interest. It just it was there for that convenience while she was alive.

[00:02:45]>> I I just I'm kind of I don't know. I I I think this is a problem for me. Like I just I do think the law is more likely to say that the mother has no right to be there now cuz she's a guest. But at the same time, I would not fault an officer with these facts to be like, "You know what? Let's just take the safe route, get the constable involved, that's where I come from.

[00:03:06]Let's go go to a judge and get eviction orders."

[00:03:09]But she if she doesn't live there. Now, if the mother stayed there, you know, every once in a while, but I don't know. I I think the law is more likely to say that she has to leave.

[00:03:18]>> Yeah, I and it also creates another another issue because just because the daughter died did the other tenants, they have a it's still a legal binding lease.

[00:03:26]>> Yeah.

[00:03:26]>> Because the daughter died, it doesn't revoke that. Whoever grant gets the estate after she dies, you know, that would be up to them to deal with.

[00:03:33]>> Yeah, but the but the dog but the mother won't necessarily get take over the daughter's lease, so that doesn't make her a tenant either.

[00:03:38]>> No.

[00:03:39]>> And if this is a house, maybe something different. No, I think that I think the mom's going to have to leave.

[00:03:43]And um but it is a little murky. Even reading the fact pattern, I was kind of confused by it. So I guess if you are unsure, you know, when in doubt, you write it out.

[00:03:53]>> Yeah, document it, advise both subjects, say look, it's a civil matter.

[00:03:56]>> Yep.

[00:03:56]>> You got every right to take her to court.

[00:03:58]>> Yep.

[00:03:58]>> Probably the best course of action just to to advise the mother.

[00:04:02]>> Mhm.

[00:04:03]>> Hey look, this is what's going to happen if you don't leave. May want to make it better for yourself.

[00:04:07]>> Right.

[00:04:07]>> Just go ahead and find, you know, other living arrangements cuz it's it's not going to end up well, but >> Yeah.

[00:04:12]>> I I probably wouldn't kick anybody out that day.

[00:04:15]>> Yeah, I agree.

[00:04:15]>> Um >> Yeah.

[00:04:16]>> Um to me it's also kind of well, I mean, we can't muddle moral and legal, but it's, you know, it just creates a a muddy water where, you know, would you really feel comfortable, you know, kicking out a a mother who's just taking care of her daughter. I would just advise the the tenants, hey look, you you got every right, you just going to have to take her to court.

[00:04:34]>> Yeah, I agree. Well, look, this is why we're here, right? We are, you know, rocking and rolling around here, and uh you know, Tim did a great job just trying to dissect these issues. It's not a directly a search and seizure issue, but it's we're still trying to teach them the law and what the courts are looking for. Um and you know, make a decision so that we win in court. With that said, my friends, please consider attending the C S S I class. We have them online, of course, in person, uh whatever works for you depending on your location. And with that, my friends, stay safe, but also keep making good case law.