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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

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Old 08-25-2007, 11:02 PM     #1
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Default big problem

I have recently purchased a home which has tenants. They received an eviction notice from the former owners and from the courts. The court notice gave them 10 days to leave. They were supposed to be gone from the property last month. They are not living there but there belongings remain. We had changed the locks a couple of days ago. A neighbor informed us yesterday that people were at the property and kicked the door down to remove their belongings. We filed a police report and showed the officer our deed. We were basically told that their was nothing that we could do. The person that kicked the door down was not even the tenant but the brother of one of the tenants. We have left numerous notes on the door stating that if they wanted their belongings to call our number and we would be happy to unlock the door. Now we are receiving phone call threats and having messages sent to us by people they know. Is there anything we can do? We were also informed that a police officer was present when the door was kicked in. Is this even legal? Thanks for your help.
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Old 08-26-2007, 09:11 PM     #2
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Default Re: big problem

If the court ordered an eviction, the next step is to seek a set-out by the court. This is where all of their belongings are removed from your house and placed at the curb. This is usually done by a sheriff, baliff, or other court official after the number of days given to them by the judge has expired. Call the court and explain the situation. As the new owner, you may be able to continue under the same eviction hearing. You would need to schedule a set-out (usually takes less than a week) and pay the fee. Then someone from the court would notify you when officials will be at the unit for the set out. In some areas, the deputies do the actual set out and removal of the people, in other places, the sheriff watches as you or your hired people do the set out, and make sure the ex-tenants don't interfere. After the set out, then you are permitted to change the locks. (I'd think about changing the doors to steel ones to prevent another break-in. Also, allowing someone to stay i the unit overnight or having a neighbor watch the place and call the police if he sees or hears anything. Allow them 24 hours to remove the belongings from the curb, then call the trash dept. for pick-up.

Additionally, if you are recieving threatening phone calls, call the police. They can track those callers and charge them with phone threats, harassment, or whatever other charges are applicable in your area. Using the phone system for threats is usually outlawed by the local phone company too. Call them also and make complaints.

As for the break-in, that police officer was just being lazy. With a neighbor as a witness and the person who broke in not being a tenant, this is a simple case of B&E or at least trespassing. Sometimes you have to insist that they do their jobs or go over their heads to their supervisor. No police officer is going to allow a person (who is not a tenant) to kick in a door. I'd call the captain and ask them about this. If they did this, they allowed people to damage your property and may be liable for the damages.
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Old 08-29-2007, 08:55 AM     #3
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Default Re: big problem

Good answer, very helpful as I also have this issue.

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