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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 39430
Experience:  Texas Attorney for 30 years dealing in real estate
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When a relative moves out with no forwarding address, after

Customer Question

When a relative moves out with no forwarding address, after causing considerable damage to a wall and demands readmision into the home for personal property is it my legal right to deny admission to my home and have the property removed by a third party.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Once they move out here you can claim abandonment and forward them their personal property.You can remove it and do so using a third party.You can also sue them in small claims if you want to pursue the damages.You are within your rights here to change the locks, remove the personal property and sue for damages.Here they appear to have abandoned the property without a forwarding address.

You have the right here to rekey the locks, remove the stuff and release or reoccupy the house.The person abandoned the premises under PA law.

I appreciate the chance to help you today.Please let me know if you have more follow up.

Thanks again.

Expert:  Ray replied 1 year ago.

Here is the law, it supports abandonment where they physically moved out..

http://www.sterlingeducation.com/the-sterling-blog/bid/102640/Pennsylvania-Law-Now-Addresses-What-to-Do-with-Tenants-Abandoned-Property

In PA if a tenant fails to remove personal property and landlord has taken possession of the leased premises, Act 129 describes what notices must be given to tenant and when the landlord can remove the personal property after such notices. Regardless of whether tenant has been evicted or whether tenant abandons the leased premises, landlord must give notice to tenant within 10 days regarding tenant's intent to remove any of tenant's personal property. If the tenant does contact the landlord within 10 days and state an intention to retrieve the property, the landlord is required to hold onto the tenant's personal property for a period of 30 days. The cost of storing and/or maintaining the tenant's personal property is recoverable by the landlord. But if tenant does not contact landlord within 10 days, landlord may dispose of or sell the personal property at his or her discretion.

Expert:  Ray replied 1 year ago.

Thanks again.You can use the third party to remove the property as per law above.

Expert:  Ray replied 1 year ago.

I can do extended chat here I am not set up for phone calls.I sent you an offer.Thanks again.

Customer: replied 1 year ago.
Still have question of whether person who did damage is legally allowed back into home. They are a relative (nephew).
Expert:  Ray replied 1 year ago.

They are not allowed back in home.don't let them back in.They abandoned the premises.You can dispose of their stuff here if they don't claim it where you have it moved.I would not let them back here.Legally they abandoned they were a month to month tenant before they left.Saves you from having to evict them.

Expert:  Ray replied 1 year ago.

This was a beak for you don't let them move back in they abandoned here, so you can change locks and move their stuff.

Thanks again.

If you can leave a positive rating it is always sincerely ***** *****

Expert:  Ray replied 1 year ago.

This was a break for you don't let them move back in they abandoned here, so you can change locks and move their stuff.

Thanks again.

If you can leave a positive rating it is always sincerely ***** *****

Customer: replied 1 year ago.
Excellent. Very helpful in an already stressful situation. Thank you
Expert:  Ray replied 1 year ago.

You are so welcome.Take care now.

Expert:  Ray replied 1 year ago.

Don't forget to rate, bye..

Customer: replied 1 year ago.
Very specific and timely legal advice. Much appreciated in a very stressful situation.
Expert:  Ray replied 1 year ago.

No problem goo luck here with all.Thanks again.

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