Tenant to be served notice, landlord in hospital. Personal items in a locked area. Can tenant break lock?

Asked by Lucy5038, 19139 Sat Apr 23, 2011

My niece has a tenant she has been trying to evict for several months. Alias writ is being served on this tenant Monday. The tenant stated some property was in a locked area of the house. My niece is in the hospital due to the stress of the situation causing a minor heart attack. Tenant has been harrassing and prolonging the situation needlessly, which is compounding the grief of her mother having passed and her having to care for her disabled siblings on her own. The tenant is her half brother. He has not been a nice person in this situation. She does not trust him. Should we wait until writ is served to unlock the area where the items are supposed to be? He is trying to get them today, Sat, but she is still in the hospital, and unable to tell me where the keys would be. Writ is to be served Monday. Should we wait for Sherrif to make sure noting is taken or left that shouldn't be?

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Justin Ruzic…, Agent, Greenville, SC
Sun Apr 24, 2011
wait, wait, wait, till writ is served and sherrif is present. (this is not legal advice and should not be considered as that in any way shape or form)
plus, hire a realtor to do the property management, yes i know it is "Seems" easy to rent out a property, especially with you living right there, but as you have pointed out, months of smooth sailing doesn't always end easy when tenant becomes difficult. And any amount of money you would pay a realtor to do this service is worth it to never have to go into the hospital because of stress levels!
ps. Here is a blog I wrote about passion to help others, might be a fun read.

Thank you.
1 vote
Lucy5038, , 19139
Sun Apr 24, 2011
I forgot to make the point that my niece has not had access to the tenant's apartment. It is a duplex, and the work she had done was for the basement and second floor, and this tenant is on the first floor.
0 votes
Lucy5038, , 19139
Sun Apr 24, 2011
It's not an illegal lock out, as when my sister passed, we weren't as prepared for the transition. This tenant had been a problem for my sister as well, with a shoddy payment record. My sister got our father's benevolence and devotion to family, and passed it on to her children. I am a bit less forgiving, which is why I've stepped in on my niece's behalf. Long and short, the tenant claims to have personal items in a basement area, which is seperate from the apartment he is renting. She had electrical work done a few weeks ago, during the up and down to court for eviction, during which time if there were items of his in the basement he could have retrieved them. At that time, several petitions had been filed for eviction, and the tenant knew my niece intended to sell the property to liquidate assets. She is in a financial bind, and her father and half brother (the tenant) are not making things easier.
The Writ is being served tomorrow, so I will be there with call the lawyer to see when the sherrif will be at the property to satisfy the eviction. Thank you all for your help.
0 votes
James Gordon…, Agent, Hamilton, OH
Sun Apr 24, 2011
Talk to an attorney but until the writ is served the tenant may be able to have free access to the property. Your neice may be doing an illeagal lockout.
By the way it is to be expected when doing an eviction that the tenant drags it out and tries to get as much free time in the property as allowable. I have only had one time when I had to do a set out, but a few times when the tenant was finishing when the deputy showed up.
0 votes
Gita Bantwal, Agent, Jamison, PA
Sun Apr 24, 2011
Erica has given you good advice. Talk to an attorney. Hope your niece recovers quickly.
Web Reference:  http://www.gitabantwal.com
0 votes
Erica Ramus,…, Agent, Pottsville, PA
Sat Apr 23, 2011
Best advice is to get a good real estate attorney. Being a landlord can be very stressful. I hope your niece recovers fully and that you get this tenant out quickly. Best of luck.
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