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Margie Said:

Would this be considered trespassing?

We Answered:

It should be noted that real estate law (including landlord-tenant) is rather complex and many times specific to your jurisdiction. My response below is general guidelines. If there is any animosity or refusal to cooperate at all between your mother-in-law and the daughter, I strongly suggest you discuss the matter with a local attorney experienced in these matters.

First, if the daughter isn't the legal owner of the home, she has no legal right to kick your mother-in-law out. Technically speaking, unless the mortgage company (true owner) has given her some form of authorization, SHE is the one who would be trespassing if she entered the property.

Second, assuming the daughter does have the legal right to oust your mother-in-law, she can not simply kick her out onto the street. Your mother-in-law was living there legally, through an arrangement with the previous owner. Even though no formal arrangement may exist, and no rent was being paid, this would almost certainly still be considered a tenancy agreement (technically, an "at will" tenancy). Most jurisdictions still require some notice (10, 20, or 30 days) to evict an at-will tenant. If the daughter hasn't done so, then your mother-in-law has the legal right to remain.

Third, assuming proper notice has been given, has the notice time frame lapsed? Meaning, has it been more than the 10/20/30 days (whatever your jurisdiction requires) since the notice was given? If not, then your mother-in-law still has the legal right to reside, enter, & store items there. If it's beyond the time frame, there may be legal issues of trespass.

No matter what the situation, though, start by contacting the daughter (or legal owner) and explain that you have some belongings stored there that you would like to pick up. Let them know when you'd like to retrieve your belongings (the sooner the better). If the owner wishes to be present at the time, work with her/him to arrange a time convenient to both of you. If the owner refuses to allow you entry, call the police or get an attorney to immediately file suit (along with an injunction to prevent the owner from disposing of your belongings).