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legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience:  Attorney-Business degree from The University of Texas
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Im the owner of unit that has gone to sheriff sale. at this

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I'm the owner of unit that has gone to sheriff sale. at this point the building is still in my name, which make me responsible. Current tenant has not paid rent in two months. At this point I've written the tenant requesting that she vacate this location on her own without me taking legal action against her. Currently I have items in the unit I'd wish to remove. Do I need to wait until the tenant moves or can she take legal action against me, if the item are removed.
Submitted: 7 years ago.
Category: Legal
Expert:  legaleagle replied 7 years ago.
What items are in the unit? Are they items you own?
Customer: replied 7 years ago.
Yes! Stove and frige
Expert:  legaleagle replied 7 years ago.
If the lease states that you will provide the stove and fridge as part of the terms then you can not remove them until the lease is ended or unless you get the tenants agreement.
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Customer: replied 7 years ago.
This unit was an section 8 contract that has been voided due to noncompliance from tenant and owner, and further more tenant has not paid in two months. what legal action can be taken against me, if any?
Expert:  legaleagle replied 7 years ago.
Until you file for a legal eviction, even if the tenant is in breach you can not take self help remedies by removing items that you obligated yourself to supply. So even if the lease is void you have to get a court to agree that it is void due to the tenants noncompliance.
Customer: replied 7 years ago.
First, let me thank you for your time. this is the last question I have, what if these items need to be service and I have to remove them?
Expert:  legaleagle replied 7 years ago.
Then as long as you give notice to the tenant that you will be removing them for service you can do so but they have to be returned in a reasonable time if the tenant has still not vacated.
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