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writ of possession Security Deposit

Discussion in 'Other Residential Landlord & Tenant Issues' started by lilbrat696319, Jan 17, 2015.

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  1. lilbrat696319

    lilbrat696319 Law Topic Starter New Member

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    Plaintiff has only asked for no money and possession of property back. Since they asked for no money, are we entitled to get our security deposit back? Property is better condition than when we actually moved in 13 some years ago. How does a writ of possession woorrk? Is there a form or something I can do once receive papers from marshal? I'm gonna need more time to move. Unable to find a place to move.
    Last edited: Jan 17, 2015
  2. army judge

    army judge Super Moderator

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    A writ of possession is simply an eviction.
    The plaintiff can't get possession until you vacate.
    You can leave, or you can wait and go to court.
    The fact that an eviction has been filed against you, you'll likely have great difficulty ever renting DECENT property for decades, maybe for the rest of your natural life.

    As far as your deposit, don't count on it.
    Even when you're out, one way or another, most landlords won't just fork over the deposit without you taking some action.
    That means if the deposit is quickly returned to you, you'll have to sue to get it returned.
    That isn't easy, nor will it necessarily get the deposit back to you.

    Even if the plaintiff asks for possession, the initial pleading can be amended and he or she can seek back rent, late fees, damages, clean up charges, etc...
    As to whether the property is pristine, you don't get to make that call, the landlord does.
    Again, of you disagree, off to court you must flee.

    If you;re served, there is no form to make this disappear.
    The landlord can choose to drop the lawsuit, if the court approves.
    I doubt if many landlords bother to so that, because the sure fire way to get a deadbeat tenant out is to evict them.

    Okay, read your lease, it likely reveals when and how your deposit can be forfeited.
    Otherwise, you'll discover that at trial.

    Evictions normally take eight to twelve weeks before the matter is adjudicated.
    You then get anywhere form three to four more days to leave before the sheriff arrives to throw you and your junk to the curb.
    Sorry, when the order is issued, your time is up, ready or not, here they come!

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