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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 25933
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I received an order granting me writ of possession August. 7

Customer Question

I received an order granting me writ of possession August. 7 2015
Since that time my tenant has paid one months rent. Do I need to get another writ
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. If this was obtained back in August, why was the tenant not removed and allowed to continue to stay?

Customer: replied 1 year ago.
It's my ex and his daughter and I just couldn't put their things on the street. Studio right but now I realize he s not going to ever leave and I want out
Expert:  RealEstateAnswer replied 1 year ago.

Thank you for the additional information. Yes, if you accepted rent after the writ was issued, the court would likely view this as a new tenancy, month to month and would require you to evict them again and obtain another writ of possession. I know it is not ideal but a result is accepting rent AFTER the fact.

Expert:  RealEstateAnswer replied 1 year ago.

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