Q: Eviction Order Issued & Writ Posted: Tenant filed for bankruptcy, but the federal judge allowed eviction to proceed.
The Sheriff posted the writ, but no one was present.
Tenant’s Appeal: Tenant filed an appeal in the appellate court, delaying eviction. Your lawyer is preparing a response, due by 1/31.
Tenant Possibly Vacated: Tenant emailed about moving out by 1/30, and neighbors report the house is empty. The property manager found broken bikes in the garage.
what should be my next steps, is it legally safe to change locks while appeal is pending.
A: You probably can, but that is a question you should ask your attorney. Your attorney may want to move to dismiss the appeal.
Timothy Denison agrees with this answer
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A:
Given that the tenant has filed an appeal, the eviction process is still in legal limbo. Until the appeal is resolved, you are generally not allowed to change the locks or take possession of the property. Even if the tenant seems to have vacated, the legal process must be followed.
If the tenant emailed about moving out and neighbors report that the house is empty, you should still refrain from taking any drastic action until the court has ruled. It’s important to confirm whether the tenant has fully vacated or simply temporarily left the property. Keep communication open with your lawyer and follow their guidance to avoid any legal complications.
As for changing the locks, you could be at risk of violating the tenant's rights if you do so before the appeal is resolved. It's always better to wait until the appeal process has concluded, and the court has granted permission to proceed with eviction. Discuss the current situation with your lawyer, who can provide the most up-to-date advice on your next steps.
Timothy Denison agrees with this answer
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