Fri, Jul 03, 2009
|
Author |
Writ Of Restitution |
smithj2
839 Posts
Member Since: 01/21/2004
Malden Brg, NY
 Join smithj2's Network
What's My Favorites Network? |
Posted: 10:47 on 10-28-2008
All,
My question is with regards to an eviction. Is a writ of restitution absolutely necessary to complete the eviction process? I was in the process of evicting a tenant. The eviction was granted in court, but I needed to wit 72 hours to file for a writ of restitution. the tenant already abandoned the property.
Do I need to file a writ or is the eviction already completed at this point? I want to be sure this eviction is recorded against this deadbeat and do not want to screw up due to a technicality.
Any help is apprciated.
Thanks,
JS.
Profile of smithj2
 Edit/Delete Post
 Quote this Post
 Report this post
|
NewKidInTown3
2079 Posts
Member Since: 09/01/2005
Frederick, MD
Join NewKidInTown3's Network
What's My Favorites Network? |
Posted: 17:51 on 10-28-2008
As I understand it, a writ of restitution is the document you take to the appropriate law enforcement office to execute your eviction order.
The writ of restitution is what gives you the authority to have the tenant and all his personal property removed from the property. Since the tenant has voluntarily vacated, and you have already regained possession of the property, sounds like you don't need to go forward with a writ of restitution. Save your money.
Just how I see it.
[ Edited by NewKidInTown3 on Date 10/28/2008 ]
Profile of NewKidInTown3
Edit/Delete Post
Quote this Post
Report this post
|
smithj2
839 Posts
Member Since: 01/21/2004
Malden Brg, NY
Join smithj2's Network
What's My Favorites Network? |
Posted: 17:23 on 10-29-2008
Newkid,
That's kind of how I see it myself but I wasn't sure if this was the case.
Has anyone experienced this before?
Thanks,
JS.
Profile of smithj2
Edit/Delete Post
Quote this Post
Report this post
|
|
|
|
| |
|
