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    magdalenarms's Avatar
    magdalenarms Posts: 1, Reputation: 1
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    #1

    Sep 14, 2011, 01:50 PM
    Tennit in jail and behind on rent. Can I evecte her
    This tinnent is in jail for mental and drug use. I served her with and evecition notice and was waiting for the police to pick her up on warrants. She is in jail now and her husband is coming into the apartment at night and taking things. Can I change locks due to him not being on the lease. And can I evecte her now.
    Thanks Mike
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Sep 14, 2011, 03:20 PM
    How long is she going to be held in jail? How far behind is she in her rent?
    What is your location?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Sep 14, 2011, 03:41 PM
    To start with, no you can't change the locks. We can't tell you any more until you answer some questions.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Sep 14, 2011, 06:03 PM
    Until the eviction order is issued, the apartment still belongs to the tenant. She can have anyone she wants to come and take out HER belongings.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Sep 14, 2011, 06:08 PM
    You said police come and set her out, so you went to court , had a hearing and they give you an eviction order ?

    If the answer is no, you will still have to go to court, get an eviction order and then have the police set her things out.

    Until you get that eviction order and until the police come to set her stuff out, you can not change the locks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Sep 15, 2011, 03:11 AM
    Quote Originally Posted by Fr_Chuck View Post
    You said police come and set her out, so you went to court , had a hearing and they give you an eviction order ?
    Yes, on re-reading there is some ambiguity here. I made the assumption that she served the tenant with a termination notice not an eviction order. But that she knew there were warrants out for her arrest.

    So magdalena, please return and clarify. If you did get an eviction order from a court, which was served on the tenant, then you can have a sheriff come and remove her things and change the locks. But until you get an eviction order from the courts, it is still her apartment.
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