Friend Lives in boyfriend's home. He is incarcerated for 2 1/2 years. His Father had papers mailed to her "No Trespassing." No notice sent, no allowance to remove belongings, etc. Is it legal in Massachusetts to send letter like this and told by police on phone if she does not get out & off property immediately they will arrest her for 30 days. All her belongings & Pets are there now. She was told she cannot be on property or in property. How can she at least get her belongings, etc? What is her recourse?
I think this is a landlord/tenant question. There isn't enough information to go on, but self-help eviction is illegal in most states (if not all, I can only speak for California). There is a process a landlord must follow to evict a tenant. If she's not paying rent this process is significantly shorter.
There are more facts needed to accurately address this situation. If your friend is a tenant, then only a court can evict her from the apartment. If her boyfriend owned the home, her boyfriend's father may not have the authority to evict her. If the father owned the home that she and her boyfriend were living in and he was aware of the situation, then she may be a tenant at will, which would afford all of the rights available to tenants in Massachusetts. Also, oftentimes, landlords and local police departments alike aren't as familiar with landlord-tenant law as we would like them to be. As always, I would suggest contacting a landlord-tenant attorney in your area.
I agree with the other attorneys. This sounds like a civil landlord-tenant issue, not a criminal trespass that should involve the police. Contacting a local landlord-tenant attorney is your best bet.
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