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Judge Simpson Orders Tenant to Vacate Within One Month, Denies Six Month Request!

Judge Simpson Orders Tenant to Vacate Within One Month, Denies Six Month Request!
In the case of Arbor Commercial Realty vs. Scottendes, the court addressed a dispute primarily concerning possession of a commercial property and the associated rent payments. Tim Dolski appeared on behalf of the plaintiff, Commercial LLC, while the tenant, Scottendes, represented himself.

The central issue was Scottendes’ request for six months to move out his belongings from a 10,000-square-foot warehouse, which was considered excessive by the plaintiff. Scottendes claimed there was a verbal agreement with the former property manager that if he moved out, he would not owe back rent. However, he had not completed moving out.

The court clarified that possession and monetary issues were separate. For possession, the court found the tenant must vacate, regardless of any alleged agreement on back rent. The court emphasized the landlord’s right to possession and indicated the statutory period for vacating was 10 days, though it allowed some discretion for a longer period.

Scottendes requested four to six months, explaining the large volume of items and the logistics involved, including plans for a liquidation auction and removal of junk. The landlord disagreed, insisting the tenant must vacate much sooner.

The court ruled no genuine dispute (triable issue) existed regarding possession and ordered Scottendes to vacate by June 30, 2025. The monetary claim regarding unpaid rent would be addressed in a separate trial set for July 15, 2025. The court also clarified that the tenant had received proper notice despite his confusion about the summons delivery.

This case highlights the importance of clear agreements and timely communication in landlord-tenant disputes, especially concerning possession and rent obligations.

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Disclaimer
This summary is for informational purposes only and does not constitute legal advice. For specific legal guidance, consult a qualified attorney.

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