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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2443
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An eviction process was started because the tenant stated they

Customer Question

an eviction process was started because the tenant stated they were not moving out of the home on the scheduled date for another month due to financial problems. The tenant moved out of the house so the owner contacted the court and canceled the eviction. The tenant has been out of the house for three weeks the house has been cleaned and ready for sale. The tenant has produced the document sent to both of us that states the following:
"This matter before the court for hearing on the 26th day of May, 1915 on plaintiffs first cause of action on her complaint in forcible entry and detainer. Plaintiff failed to appear for hearing. Accordingly plaintiffs complaint is hereby dismissed for want of prosecution.
It is so ordered."
The tenant has nothing in the house and is now demanding keys to the home or he will take out the locks and put new ones in and will not allow anyone including me the owner of the home access because he was wrongfully evicted. Does he have that right?
As the owner what are my options.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 year ago.
Hello and Welcome! My name is***** am a licensed attorney. I have assisted hundreds of others with their legal questions. I am happy to help you!
The tenant cannot move back into the apartment. The tenant vacated the apartment. The tenant cannot change the locks and force entry. It would be trespassing. You can call the police if this happens. The only way the tenant could have access to the apartment is if there was a court order stating that the tenant had the right to move back into the apartment. And even if this was the case, you would request a stay pending an re-argument or appeal of the decision.
Customer: replied 1 year ago.
I didn't include that the tenant is my nephew. I am the owner of my family home. My brother has lived in it for years and about three years ago my nephew moved in with him. My brother passed away in January 2015. I have allowed
my nephew to live there rent free he has not paid my anything for rent or utilities because I was trying to help him get on his feet. The plan has always been to sell the home. In April my financial situation changed and I told my nephew he needed to move
out. As a family we were going to work together to get the house cleaned out and ready for sale. My nephew insisted to everyone that he would take care of cleaning the house out and getting things ready. There were a few repairs needed which he arranged to
be done and I paid the bill. Now he states he is taking me to court if I don't pay him $10,530.20 he claims that is what it cost him to clean out the house. He never at one time discussed this with me. I had no invoice sent to me. No estimate was given to
me. And I at no time agreed to anything of this nature. At two different times we offered to get a dumpster etc and to help and he always came back with "no I am taking care of it." We all felt since he hasn't paid rent or utilities he was doing this to pay
back. Does he have a leg to stand on?
Expert:  Damien Bosco replied 1 year ago.
If you want to talk about this over the phone we can do that (there is an additional charge); but otherwise, the fact the tenant is your nephew does not change the circumstances because you are the owner of the property. If your nephew is claiming moneys due to work done on the house, he would have to have receipts of it or evidence of an oral argument whereby you both agreed on a payment structure. It appears that this is more of a stressful situation than a legal situation whereby you need to have much concern. In any event, to clarify and get answer to any follow up questions that may alleviate your on-going concerns, we could speak on the phone if you so desire.

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