Tenant was given notice to vacate and started moving.. but late.. what should I do?
They have the house just about empty with one day left on our verbal agreement. If they don’t get out I know what to do. If the house is empty or just trash laying about and they don’t tell me that I can have it, do I have the right to retake possession, i.e. change locks etc.? They are extremley verbally abusive when I confront them about it.
Answer:
When you say "notice to pay or vacate", do you mean it was just a notice or you actually sent a notice, filed a complaint, went to court and won and your tenant has not vacated per the court order?
You cannot do a self-help eviction. You must have the court grant you posession first. If the tenant does not leave on his own accord, you can have them forcebly put out but you must follow proper procedure or you will be sued, arrested or both. Every state has laws detailing the exact procedure.
Most states have laws regarding abandoned property. Find out what they are and follow it to the letter. If it's just "trash", take photos to prove it in case you are later sued.
wait antoehr 24 hours now:)
call the police , they send over a deputy from the sheriff's office
You should present the sheriff with the court order and new locks -he will change the locks and put up a seal and sign saying it's a criminal offense if they cross it or enter the property. For future reference you should do this before the date of enforcement so the sheriff can change the locks on the date of expiry. You would, in that case even be entitled to anything left behind. You're too kindhearted. Sometimes in life you have to play hard ball or people will step all over you.
I would call the police and see what your options are. You should also find out what rights you have and what actions you can take. That is something you should definitely know. I know that you can throw all their stuff out, so I think you can change the locks. You'd better talk to an officer to make sure though.
Talk to a local lawyer. S/he will tell you what local law and practice is regarding landlord's re-entry upon a tenant's removal.
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