Real Estate Law
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We provide information on legal topics. Do you have a question about this situation from the legal standpoint?
Are we allowed to enter the apartment without his consent? is there any way we can keep him off the premises the day of the auction? especially since his apartment is there.
The answer to both of these questions is: Probably not. This clever young man has obviously spoken with an attorney. He has been advised about the legal doctrine of "quiet enjoyment" which gives a tenant superior right to possession over the landlord/owner. I'm afraid that he has you in a bit of a box on this point . The attorney who is handling the estate will most likely proceed with a formal eviction against this tenant and as soon as he is formally removed from the property then the sale activity can resume. Until that point, you can show the house if it is separate from the garage, but not the garage that he currently rents. It sounds as if he is a month-to-month tenant, and will have to be given 30 days notice to move out. At this time this seems to be the law in most jurisdictions. I'm sorry that I have to be the bearer of negative information. But to say otherwise would be to mislead you, which we are not going to do at JUST ANSWER.
I hope that you will now enter a positive rating.