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Uncooperative holdover occupant

Posted by SeanW on October 08, 2003 at 7:01 PM

In Reply to: Foreclosure/eviction when legal owner has died. posted by Chris on October 07, 2003 at 9:59 PM

Eviction proceedings follow state specific statues. Ask the trustee that sold you the property, who they reccommend to persue eviction proceedings. It's probably a common question... They may even have a lawyer on staff to do it.

F.W.I.W., this is what I'd do. Go to the nearest police branch, and tell them I have an uncooperative occupant I plan to evict. Have an officer and locksmith meet at the property, and go inside to photograph it thoroughly. (The guy is not a tenant, and you have the right to go in there and inspect your real estate. Just be sure to leave his stuff alone in case he raises some right-to-privacy fracus later.)

Then, start the actual eviction. You can't really stop him from trashing the place, unfortunately. But if he knows you can document the condition of the house and what fixtures it had, that should be a deterrent. (I doubt I'd really bother sueing a broke guy for damages, though. Especially when moving there... He might come back and slash my tires one night. I just don't trust evicted holdovers one bit, to act sensibly!)



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