If I have a lease with two tenants and only one signed the release document, can I now go inside the apartment? 5 Answers as of August 08, 2013

I have a lease with two tenants. They were not paying rent. A notice to pay or vacate was served. They did neither so an eviction was filed with the courts. They left the premises before they could be served but left their stuff there. One party finally signed a document. They were out and gave over the keys. However, the second party still has items there, per the other tenant but is not living there. Since the one party signed stating they release the apartment, can I go in or do I have to wait for both parties to sign and turn in the keys?

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
No you need both to sign or obtain a Warrant.
Answer Applies to: New York
Replied: 8/8/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
You can go in. Take the other tenants stuff and put it in storage try to notify the other tenant if he/she does not get it in a reasonable amount of time deem it abandoned. And do with it what you want.
Answer Applies to: Michigan
Replied: 8/8/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
I would issue a notice of abandonment based upon RCW 59.18.310. You would need to determine the value of the property left behind. If it is less than $250, you must store it for 7 days and then you can sell or dispose of it. If it is more than $250, you must store it for 45 days. You must put the date you intend to sell or dispose of the property on the notice, the place where it will be stored, and then post a copy in a conspicuous place on the property (front door would be proper), and mail to the last known address of that tenant. You should do this even if the other tenant signed a release.
Answer Applies to: Washington
Replied: 8/8/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You can do what the order of eviction allows.
Answer Applies to: Michigan
Replied: 8/8/2013
Victor Varga | Victor Varga
You have to wait for the sheriff to do the eviction, then you can remove the items under the supervision of the sheriff.
Answer Applies to: Maryland
Replied: 8/8/2013
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