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Real Estate Question:? Answered

i have looked all over the internet... but cannot find the answer to this question.
my step father rented a house to some people and they built a shed.
they surrendered the keys and everything, and the court ordered eviction was completed. now he is sueing for the amount they owe, and they want their shed. my step father (landlord) apparently wants the shed now. i am going to ask on yahoo answers, but that isnt allowed at the school, and that is where i am now... sooo, any realtors out there? i live in suffolk virginia, if that is of any help. thanks

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AngryRedhead

Best Answer 9 years ago

They can take the shed issue to small claims court and basically sue for it, but that's a separate issue from your stepfather suing for amount due.

If they take the shed after they have been officially evicted and it being all done, it would be considered theft and trespassing.

Your stepfather can contact the local tenant's council and get information on what he is legally allowed to do and what his and their rights are specifically.
 
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orksecurity

9 years ago

This is something you want local advice on, rather than asking the Internet. Local/state laws and standard practices in one place may not be the same as in another.

Most of the places I've lived would consider the shed abandoned property after they failed to take it with them when they were evicted, and hand ownership to your stepdad. However, the same court might also count that as partial payment of the amount due. Or may not.

Your local police, and/or the folks at town hall and/or the better business bureau, can probably give you at least some guess as to which set of rules applies here. If you want reliable advice, ask a lawyer.

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Re-design

9 years ago

I don't know where the house is at but in most of the US anything the tenant affixed to the property becomes a part of the property.  But if it were me and it won't damage anything, if I got my money I would let them have their shed.  Maybe he can use that as a barganing point.

Don't forget that the grass underneath the shed is dead now and they should have to replace that.

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Kiteman

9 years ago

There is a case for the landlord retaining possession of the shed as part or whole payment of the owed rent.

If he has the services of a lawyer, they could write to the defaulters to that effect; assign a value to the shed, and inform the defaulters that the shed will be retained as collateral until a cash payment of equivalent value is made.

(The landlord could write the letter himself, but these things have more impact on a lawyer's headed paper.)