I have some legal questions

[Cerpin Taxt]

Suppose a guest is visiting me in my house. We have a conversation and reach a strong disagreement. I decide that he should leave, but he refuses to leave at my request, saying he will leave later, when HE is ready. What are my rights as a homeowner? Can I force him to leave?

Imagine the situation was more dire. Under what circumstances would deadly force be justified in asserting my rights as a homeowner? To be specific, I'm interested in discovering the minimum criteria that justify deadly force. Obviously it is justified if my own or someone else's life is in real danger at this person's hands, but is the perception of imminent threat ever sufficient? Are there even lesser criteia that sufficiently justify the use of deadly force?

What are the rights of the guest in this instance as they pertain to his occupancy at my house? Does he have a right to stay, even after I've decided he should leave? Are there any circumstances where the guest would have that right?

Also, if we can agree roughly upon what the laws are (I realize they may vary slightly state-to-state), how do you feel about the laws? Do you think they favor the homeowner or the guest-turned-intruder? I know I've read some stories about burglars collecting large damages from homeowners trying to defend their houses from the burglars' intrusions by assaulting the burglars. Is that a general no-no for a homeowner, or do homeowners have some rights to be forceful?

 

[Stunt]

Offtopic question maybe?

That's a pretty messed up question by the way.

 

[MIDIman]

Its possible that the strong disagreement in this situation is political.

I would recommend adding the words "or I'll call the cops" and if he doesn't leave, pick up the phone and call the cops. At that point, he'll probably either "do" something, leave, or just sit there and wait. I wouldn't use your own force if you don't have to.

Its your personal property, and last I checked, that means you have the right to say who can or can not there.

 

[firewall]

Why does that reminds of Israel and Palestine???

 

[PrinceofWands]

I am not a lawyer.

Laws can vary WIDELY; not only from state to state, but from county to county and even town to town. The ONLY way to know for sure is to contact the police or lawyer in your local community.

That being said, there are some vague generalities that I can point to, which in my experiences are usually true or nearly true.

If YOU are the legal owner of a property you have the right at any time for any, or no, reason to control who has access to your property - providing no outstanding legal judgements are against you which say otherwise. This includes the right to tresspass with impunity. The general method is to say, "I am tresspassing you from this property. You have 3 minutes to show that you are making a reasonable effort to comply or I will call the police and have you arrested for criminal tresspass in the 2nd degree." If he doesn't comply, call the police and they will come take care of it. They'll usually prefer to try and talk him out, and if he refuses only then will they arrest him. However, you don't have to allow that. As a citizen you have the right to demand his immediate arrest. If they refuse you can usually inform the guest and the police that you are making a citizens arrest and are requesting transportation of him to the jail. Generally speaking if they refuse that you can later sue them for all they're worth. Some places have restricted citizens arrest powers in the last twenty years, so be careful with that one.

IF you are not the owner, but a TENANT, then the laws could be different. You'll have to check local ordinances. Many (if not most) places imbue the tenant with the right to act regarding things like this, so you should still be able to officially tresspass. Some places say otherwise however, so it's important to check your laws.

Deadly force laws are illusionary really. What they say on the books and what you can get away with are generally two different things entirely. For instance, here in Washington State it's legal to use deadly force to prevent a felony committed in your presence. Imminent danger is another criteria, but it is NOT linked to the felony criteria. So we should be able to shoot anyone we see committing a felony with no questions asked. In practice, it doesn't usually work that way.

Again, laws are going to vary WIDELY. There is no rhyme or reason to them, so take the time to learn them well. Generally speaking the rule is, "you may use deadly force if a reasonable person in your situation with your knowledge would believe there was imminent danger." After that it breaks down. Some states force you to flee if at all possible, even from your own home. Some let you stand and fight, but only in your own home. Some let you stand and fight anywhere. Some require only the minimal force necessary, others let you go to deadly at any imminent threat. Some places the threat has to be to you or your immediate family, others allow for threats directed at any person within your view. Some places allow deadly force if you discover someone in your home (no imminent threat requirement, or rather it is implicit in someone breaking into your home), some places don't.

Another thing to consider in all this is your use of the term 'guest'. If I have a friend over for lunch he's a guest. If I invite my uncle to stay with me for a week he's a guest. If I invite a border in live indefinitely I might think of him as a guest, but the law would most likely consider him a tenant. Guest is not tenant, tenant is not guest. Be very clear about their position in your home.

Almost no legal right of action is going to protect you from later civil suits (in my opinion one of THE biggest failings of the American criminal justice system). Just because you act within the law doesn't mean you can't get sued for it. People are sued all the time, for absolutely nothing. Rapists sue victims for giving them VD, burglars sue homeowners for getting cut on the glass when they break in, the family of someone you have to shoot to protect your family can sue you for the loss of income they're experiencing, etc. American law is utter and total crap in this regard. You are ALWAYS going to risk facing legal action, no matter what. The question is, is it worth it anyway? My opinion; better to be judged by twelve than carried by six.

 

[Genx87]

If you truely want him gone and dont care if you talk to him again. Call the police and have them remove him. Unless he is physically assaulting you there isnt much you can do in terms of getting physical with him afaik.

 

[Uhtrinity]

Call the police and have him trespassed if he refuses to leave. If he attempts to threaten or assault you you have the right to protect yourself. That is how things were handled at the homeless shelter I worked at and should apply for any private property.

quote: What are the rights of the guest in this instance as they pertain to his occupancy at my house? Does he have a right to stay, even after I've decided he should leave? Are there any circumstances where the guest would have that right?

As for this part, the laws can be tricky when it comes to renters or those under a lease, and varies from state to state, though a guest can be asked to leave at any time.