Re: Move-In Before Evicting Tenant
by Anonymous on Friday, June 15, 2012 @15:01
The police would support the tenants who are in possession of the property because they are not going to read a lease and settle a civil matter and a tenant who refuses to move is not considered criminal. However, if the tenant calls the police if you decided to start moving yourself in, then the police would force you out as an intruder. You currently do not have the legal right to live there. Just because the lease ends, the LL does not have any right to force possession of the unit by moving himself in. If you are going in there without consent, then it isn't peacefully because the other party isn't in agreement. If your current landlord quietly entered your home now, without yelling or cursing, and moved his bed, clothes, furniture, etc and set up residence, displacing your use of the unit, would you consider it ok just because he didn't make a fuss? Until the keys are handed over or you have a court issued document that possession has been transferred back to you, your hands are tied. Just because the expiration of the lease passes it doesn't give the landlord leave to do whatever he wants, however he wants. That's why there are eviction courts and procedures set up.
The tenant will argue that by you moving your stuff in, you are trying to force them out by making them live with you. It could be argued as constructive eviction. You are restricting the tenants' right to privacy and access to the property by placing your stuff and yourself in a living situation with them and thus, they cannot use the property in peace without you hovering over their shoulder which they did not give you leave to do.
You have the right to peacefully occupy your property once you legally have possession of it. Until then, it's in the tenant's hands and for all intents and purposes, the law especially the police are going to side with the tenant.
Don't antagonize your tenants by threatening them that you will just move in or try to force them to pay double rent upfront or force them to put money in an escrow account for your moving expenses. You are just forcing them to dig in their heels just to prove a pointless point. Try to work something out at your current residence or find a month to month rental or a friend with extra room for you as a back up in case the tenant decides to force you to go to court. Go after the tenant afterwards for any expenses you incurred after you have incurred them.
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