Removing Unauthorized Occupants from an Inherited Property
This case involved a client whose deceased spouse had left behind an apartment that a third party was unlawfully occupying. To evict the unauthorized occupant, the client retained Pureum Law Office.
Under the law, if someone occupies another person’s real estate without legal authority, the owner can file an eviction claim against the unlawful occupant.
However, even if the eviction claim is successful, a problem arises during the enforcement stage if another person is found occupying the property; the eviction judgment cannot be enforced against this new occupant.
Therefore, it is crucial to file for a preliminary injunction to prohibit the transfer of possession before initiating an eviction claim to ensure that the current occupant cannot hand over possession to another party.
Simon Lee promptly filed for a preliminary injunction to prohibit the transfer of possession against the current unlawful occupant, and the court granted the injunction. Subsequently, the client won the eviction lawsuit as well, and the apartment is now vacant.
Posted by Pureum Law Office ask@pureumlawoffice.com
