What to do if tenant left before the physical eviction?

Question

Hi,

I am wondering what happens if the tenant left the property before the eviction actual taking place?

For example, if the writ of possession has been filed and the sheriff office said they would come out on Friday. But on Monday, it seems the tenant already left and property is empty. What are the things I can do?
A: enter the property, re-key and get ready to rent again.
B: call sheriff told them the tenant already left, no need to come out. Because if they come out, I have to hire a crew to stand-by or move out stuff.
C: Still have to hire a crew, wait the sheriff officer come out on Friday and can not re-key the property until the officer say "ok, now it is yours."

Of course in my lease, it has the abandonment definition section.

Thanks.

Rusty Thompson · Answer

I would progress under the "abandoned property" section in your lease & proceed under A. Though you might see if the sheriff will come out to verify that it is vacant. Two sets of eyes are better than one. That way if it ever comes back on you (which I doubt it will) you have a corroborating witness.

Jason A. · Answer

In PA the constable usually calls me first to see if his services are still needed. I typically go in and take a few pics and change the locks if the tenant has already left. I also let the neighbors know they have left and to contact me if they see the deadbeat.... er, former tenant.

Kenneth LaVoie · Answer

also taking a picture of the key they left on the kitchen counter ... they did leave a key (hint hint) on the kitchen counter didn't they? Why, no, they left the place a mess and ... LET ME ask again ... they DID leave a key on the kitchen counter for you to take a picture of didn't they?? (haha) -- Actually I don't know how conclusive that is. Probably not at all. But here in Maine, the sherrif comes and posts the writ on the door, they he is supposed to come back 48 hours later (if I call him?) and forcibly evict. But he tells me to be safe, wait the full 48 hours, then you can do what you want. If 48 hours has expired since posting, that means legally posession has returned to you. THEN you can rekey, etc. if they even set foot on the property at the 48 hour mark they are terspassing and can be arrested. You can then photo -- i do take video and talk all the way through it, pointing things out as I go along.

Joel Owens · Answer

Go in.Look for signs of the power still on or other utilities.

Look for anything other than trash in the property.If you videotape have someone show all the property. Pictures with a date and time stamp should be fine.

Check the cupboards and fridge to see if cleaned out or not.

In Georgia if there is 500 of personal property or less you do not have to go through eviction.If it appears more than that you usually wait for the Marshall and out the stuff where they want it.

If you are in Fulton county do not waste the Marshalls time with an empty unit.They have sometimes 900 writs to serve in a month.

Simply re-key all exterior locks and not just the front.You don't know who they gave a copy to.

Jon Holdman · Answer

Did they leave the keys? If so, its yours. If not, then walk the property, preferable with someone else, and video tape the entire place. If its clearly been abandoned, rekey and move on.

This is the advice from my lawyer here in CO. You should consult yours.

Chris Martin · Answer

Your state law probably covers it... In NC, do option A and first sentence in B... after taking a few pictures.

What to do if tenant left before the physical eviction?

What to do if tenant left before the physical eviction?

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