New York, NY asked in Real Estate Law for New Jersey

Q: Can I change the lock on an estate property where I am the executor and the person who previously lived there

and continues to live there) won't vacate. There's no tenancy relationship.

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2 Lawyer Answers
Michael A. Smolensky
Michael A. Smolensky
Answered
  • Cinnaminson, NJ
  • Licensed in New Jersey

A: Instead of changing the lock, it seems you ought to consult an attorney knowlegable in property law. More information is required to determine whether and how to remove the occupant from the land.

H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • East Brunswick, NJ
  • Licensed in New Jersey

A: This is a property law question not a criminal question unless you do try to change the locks on the person that has lived in and is currently living in the property. Whether a person is a tenant ultimately is determined by a court not by a lease or by you or by me. I suggest that you seek a consultation with a property law attorney before doing anything

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