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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34872
Experience:  16 years real estate, Realtor. Landlord 26 years
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My tenants have been served the Writ of Restitution

Customer Question

My tenants have been served the Writ of Restitution yesterday at 1:30 P.M. I believe they are gone, but have left things in the garage & mudroom. May I go into the house to see the status of everything?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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You can go in to secure the property and lock it up, but you aren't in legal possession of it until the sheriff actually executes the writ and returns the property to you formally.

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So you can't go in and throw things out until the sheriff comes out or that is considered an illegal eviction and the tenants could sue you and claim that you stole their property..

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I don't want to see you jump the gun and risk getting sued so if it were me, I would go in, take pictures to document everything, lock the doors and windows, and wait on the sheriff.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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