Re: storage of personal property left behind

Re: storage of personal property left behind by OK-LL on November 21, 2009 @19:51

I don't understand - the tenant wrote a letter to the court announcing that he had vacated the unit -- why would the tenant still have to obtain a writ of possession? Did the judge not believe the tenant? This doesn't make sense. If the offending party voluntarily vacates the rental, announces it to the court and the judge accepts the statement as true, the case for possession is moot, or at least a default.

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Re: storage of personal property left behind by OK-LL on November 21, 2009 @19:53

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Sorry, meant "why would the LL still have to obtain writ of possession". The letter was the tenant's expresssion of intent and action to return possession to LL and LL could reaonsonably rely on that expression. There's no explaining why the judge didn't grant immediate default judgment when presented with tenant's statement, except that judge may have felt the case was moot at that point and expected the LL to voluntarily dismiss the FED and go directly for damages.

Re: storage of personal property left behind by ESQ on November 22, 2009 @17:26	[ Reply ]
Once again, bad advice can be fatal. In NH the note counts as an appearance, no matter what it said. It is not a default, therefore the delay and the need for the sheriff to regain possession and lock out the tenant wven though he left.

Re: storage of personal property left behind by OK-LL on November 23, 2009 @08:57	[ Reply ]
If someone appears and pleds guilty, or no contest or a judge determines there are no facts in dispute (LL wants possession, T has vacated), then default judgment at that time would have been appropriate. We're talking about small claims court here, or the local equivalent, aren't we?

Re: storage of personal property left behind

Re: storage of personal property left behind by esq on November 23, 2009 @16:40	[ Reply ]
It is district court not small claims. The rules of civil procedure apply.