Finishing up an eviction what next

9 Replies

Im in the final stages of an eviction. The constable came out to the property and removed the tenants. There personal items and furniture is still in the house. Now after a month of no returned phone calls I received a call from the tenants asking when they can get there property back. I used a service to meet the constable at the home and have the locks rekeyed.  They also made a video of the current condition of the unit when they entered it. When I receive the new keys I have every intention of giving there belongs back but would you let them come to the property and remove there belongings from the home, or would you remove there contents place it in a storage unit and have them get it from there? Just felt weird thinking about letting them back in the property. What would you do?

I would move their stuff out of the house while the constable was there and just set it out on the curb unless it was raining.

I've not done an eviction to completion before, but I am under the impression that once the tenant is removed by the police, their belongings get taken out the same day and placed at the corner of the street for them to take with them.  That is, unless they request that you store it for them at your expense.

One month seems a long time to have kept their stuff in the property.  Not sure about your next step on this one.  I would probably hire a crew to take everything out to the street for them.  Let them figure out how to take away.

Do not let them back in the home.  Evictions in Texas dictate that occupants and belongings will be removed with the writ of possession.  The constable enforces possession and removal of the tenants and the landlord/PM should have a crew to remove belongings at the same time.  

As @Damon Duperre said, all belongings are placed on the curb unless it is raining or snowing.  The former tenants then have 24 hours to collect their possessions from the curb.  In Texas, after 24 hours you have the right to haul off the belongings from the curb to the dump, goodwill etc.

It seems you might have missed the step of moving out their belongings while the constable was there.  I would suggest agreeing on a time to move the belongings to the curb and for them to arrange a way to pick it up or it will be taken to the dump.

Be sure to refer to Arizona eviction law and how it calls out timelines specifically.  I hope this helps! 

Thanks for every ones input. It seems in arizona the landlord has to hold the contents for 21 days after the constable comes to remove them from the property. The contents can be stored in the unit or at a storage facility.   I don't think I can just place there things on the curb.  I mean I could but not legally.  If I used a moving crew the tenants would have to pay the fees associated with moving there contents and the storage fees until they can take back there belongings, unless its clothing or tools used for work. Hopefully there won't be a next time but if i go thru another eviction I will be at the house with a moving crew the day the constable comes out. I appreciate all the feed back. Happy land lording to all!!

@Daniel Bartalits , can you share a link to where you found that information? I am gathering up info and my AZ research shows landlords only have to hold abandoned items for 14 days, then you are free to do with them what you want. 

I would like my research to be correct. Perhaps what I found pertains to abandonment vs eviction.

Thanks.

Medium fbprofileMindy Jensen, BiggerPockets | [email protected] | https://www.biggerpockets.com | CO Agent # FA100049656 | Podcast Guest on Show #129

Originally posted by @Mindy Jensen :

@Daniel Bartalits, can you share a link to where you found that information? I am gathering up info and my AZ research shows landlords only have to hold abandoned items for 14 days, then you are free to do with them what you want. 

I would like my research to be correct. Perhaps what I found pertains to abandonment vs eviction.

Thanks.

The post Cindy Meyer made with the links should point you in the right direction.

Originally posted by @Mindy Jensen :

@Daniel Bartalits, can you share a link to where you found that information? I am gathering up info and my AZ research shows landlords only have to hold abandoned items for 14 days, then you are free to do with them what you want. 

I would like my research to be correct. Perhaps what I found pertains to abandonment vs eviction.

Thanks.

Also if you google landlord tenant act it will bring it up and you can read it.

Originally posted by @Daniel Bartalits :

Thanks for every ones input. It seems in arizona the landlord has to hold the contents for 21 days after the constable comes to remove them from the property. The contents can be stored in the unit or at a storage facility.   I don't think I can just place there things on the curb.  I mean I could but not legally.  If I used a moving crew the tenants would have to pay the fees associated with moving there contents and the storage fees until they can take back there belongings, unless its clothing or tools used for work. Hopefully there won't be a next time but if i go thru another eviction I will be at the house with a moving crew the day the constable comes out. I appreciate all the feed back. Happy land lording to all!!

 I don't know AZ landlord/tenant laws, however this approach is very pragmatic:

On the day you do your lockout, be ready to execute this plan:

1) Your or your trusted rep meets sheriff or equivalent at date and time of lockout 

2) Do a videotape of each room and make written notes as to contents, valuables (if any), debris and damage

3) While you remain inside the property (important) your locksmith changes locks and secures

4) Your "student mover" types move contents for further sorting and inventory anything of value. 

5) You may wish to have portable storage (PODS) delivered for large item storage and then moved offsite.

The main objective of this is to plan out in advance so that your rental is not held hostage while your rent-stealing tenants get their act together. You take some precautions to Marshall their possessions and use 3rd party services to distance you. 

Meanwhile, you can immediately begin rehab and get property rent or sale ready.