Ask Experts Questions for FREE Help!
  Advanced
Register  |  Log in  
   Ask    
 Answer  
  Help  

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Law > Real Estate Law   »   When is the eviction process necessary?

 
Question Tools Search this Question Display Modes
Question
 
 
#1  
Old Mar 10, 2008, 01:09 PM
edmond750
New Member
edmond750 is offline
 
Join Date: Mar 2008
Posts: 2
edmond750 See this member's comment history on his/her Profile page.
When is the eviction process necessary?

My tennant moved three loads of her property out and then informed me I had to evict her because she is going to leave some of her stuff there. She owes back rent and has broken her lease in other ways also. If her stuff is there, but she is not living there, do I have to go through the eviction process or can I just put her stuff out and re rent the property? Also, if all she left was a couple of things, i.e. toothbrush, it that enough to consider her living there to the courts? She was very belgerent when she moved her stuff out and did not give any notice. What is considered "residing" or "possession" of the tennant?

Reply With Quote
 
     

Answers
 
 
Old Mar 10, 2008, 01:15 PM   #2  
JudyKayTee
Expert
JudyKayTee is offline
 
JudyKayTee's Avatar
 
Join Date: Oct 2007
Location: NY State
Posts: 6,316
JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.JudyKayTee See this member's comment history on his/her Profile page.
Quote:
Originally Posted by edmond750
My tennant moved three loads of her property out and then informed me I had to evict her because she is going to leave some of her stuff there. She owes back rent and has broken her lease in other ways also. If her stuff is there, but she is not living there, do I have to go through the eviction process or can I just put her stuff out and re rent the property? Also, if all she left was a couple of things, i.e. toothbrush, it that enough to consider her living there to the courts? She was very belgerent when she moved her stuff out and did not give any notice. What is considered "residing" or "possession" of the tennant?


Eviction varies from State to State - and, yes, you have to evict her from what I read into this. As soon as you get into Court the Judge can rule whether or not the tenant lives there or is simply leaving property there to annoy you.
  Reply With Quote
 
     
 
 
Old Mar 10, 2008, 01:25 PM   #3  
Cvillecpm
Senior Member
Cvillecpm is offline
 
Join Date: Jul 2006
Location: VA
Posts: 553
Cvillecpm See this member's comment history on his/her Profile page.
You need to learn the ABANDONED property statutes of your state...you may just need to move her belongings to a self-storage facility, notify her how to get her items, change the locks and re-rent your property. If there are utilities in her name, transfer them to your name IMMEDIATELY and determine if she has a forwarding order in for her mail through USPS

Comments on this post
JudyKayTee agrees: If you take the utilities out of her name it is constructive eviction, but maybe that is what you are trying to do. If she argues that she still lives there, you would have a problem.
  Reply With Quote
 
     


Question Tools Search this Question
Search this Question:

Advanced Search
Display Modes

 
Similar Sponsors

Similar Questions
Question Asker Topic Answers Last Post
eviction process jeharkins Real Estate Law 2 Jan 16, 2008 12:59 PM
eviction process chazsgirl74 Real Estate Law 5 Nov 16, 2007 05:49 PM
Can someone tell me what is the whole eviction process tlutrisha Real Estate Law 1 Oct 18, 2007 11:10 AM
eviction process shellicrysler Real Estate Law 1 Sep 17, 2007 11:46 AM
eviction process TEKIA50230 Real Estate Law 4 Mar 19, 2007 05:20 AM




Copyright ©2003 - 2007, Ask Me Help Desk.
All times are GMT -8. The time now is 08:50 AM.

Content Relevant URLs by vBSEO 3.0.0 RC6 © 2006, Crawlability, Inc.