Flow until trouble solution to honor
We think that there are many cases to want to demand evacuation of article for tenant who is missing leaving goods and chattels for months in tenant, room which are behind with rent for months.
Even in this case enforcement means to have you leave carelessly because there is law of tenant protection called "Land and House Rental Law" for termination, evacuation from lessor is not produced.
It is misconduct to dispose without permission and we step on legal procedure and must dispose of goods and chattels in room without getting consent of tenant.
If lessor acts in defiance of such a limitation, compensation for damages may be demanded by tenant, and there is the risk that foot is saved adversely.
Therefore, please consult with lawyer about process well beforehand.
２．Receive; the job → Provisional disposition of transfer of possession prohibition
When it is thought that we can demand evacuation from tenant with case such as the above legally as a result of consultation, at first we perform statement of provisional disposition that transfer of possession is put under ban in court.
This is prevention of quick problem procedure of substitute to take time before forcible execution from future judgment.
That is because this is because it cannot enforce in one of effect of judgment to third party when tenant changes occupation name to different third party between the procedures.
When decision of provisional disposition of transfer of possession prohibition is given, bailiff of court proceeds to article of tenant and will stick notification book that it was listed in that decision of provisional disposition appears on article.
Lawyer of our office is present on this occasion, too.
As psychological effect of such notification book being put, tenant may leave optionally in some cases.
３．Principal suit, forcible execution content-certified mail
Still tenant may not evacuate.
In that case, we file suit for evacuation in court.
Settlement may be established afterwards by evacuating between tenant by such and such a time on date for hearing of opened court.
When tenant does not appear in court when there are not tenant and end by talks, judgment to give an order for evacuation is announced by court.
And we will let you move out by the power of the state forcibly when we file forcible execution based on judgment to order this evacuation, and tenant never leaves.
If forcible execution is finished, we can dispose of baggage left in room on the lessor side legally and come to be able to let the next tenant enter.
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