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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118637
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I hired an atty and paid him to give an eviction notion to

Customer Question

I hired an atty and paid him to give an eviction notion to the person living in my house. When I went back there a few weeks later all his stuff was gone including my things a bed and brand new office furniture when I went there with the police they said I could move back in and change the locks I did n he came back the next day because the papers say he has till 11/30/16 to get his stuff even though I wass all gone my AT&T said if I didn't change the locks back or give him s key this could go to the supream court what should I do
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you served him an eviction and he did remove all of his property and your property as well such that a reasonable person would believe that he had vacated the premises, then regardless of what the papers say about he had until 11/30/16, he has vacated the premises and you had a right to reclaim the property.
So you need to take pictures of the inside of the property to show it was vacated which gave you rights to take back possession of the property.
Also, you need to file suit against him for the taking of property you can prove belonged to you and seek damages for the cost of that property.
He has no right to reenter the property if he vacated the property in a manner that a reasonable person would believe that the property was now abandoned in response to your eviction notice. At this point you need to contact the attorney and you need to have him pursue an action against this tenant for return of your property or payment of the value and provide the pictures as evidence his property had been removed from the premises such that he vacated.
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