started EVICTION, but tenant is moving items out, how to confirm?

9 Replies

We have a tenant that had a lapse in lease, didn't sign the newly offered lease, so sent him notice to quit after avoiding our communication attempts.  Went to court to take next steps, but now he appears to be moving items out.  Is there a way I can have him confirm he is moving out so we don't have to continue with eviction process?  He still didn't pay rent for AUG and SEPT.  Can we take him to small claims court to try to get rent from him?

This is in Connecticut BTW.

thank you,

Communicate with him and tell him that you apparently will lose two months rent. However, he will lose much more including inability to rent from others in future and obtain credit. The eviction will be on his credit records for years to come and prevent him from accomplishing many things. 

You of course have waited to long.

He has no lease. He has not communicated. I, recognize I said "I", would change locks immediately and put his property out. 

 

We gave him required 30 day notice on Aug 3rd.  Notice to quit  was complete SEP 3rd.  had to wait 5 days, then go to court to fine.  I don't want to stop the process until itenant confirms they are leaving and I can change locks..  But I don't want to impede on his legal rights

Originally posted by @Robert M. :

...

He has no lease. He has not communicated. I, recognize I said "I", would change locks immediately and put his property out. 

 

Changing locks and setting property out before an eviction court proceeding has awarded possession to the landlord falls under self-help eviction and therefore it should not be done by those who wish to keep things legal. 

Originally posted by @Robert M. :

He has no lease. He has not communicated. I, recognize I said "I", would change locks immediately and put his property out. 

 

 Do NOT do this.  No, no, no.

Thanks folks.. Yea I am trying to keep it legal.  So is there a statement I could prepare and ask tenant to sign stating he is moving out so we can stop with court proceedings?  If he moves out willingly this weekend, I am only lost AUG/SEP rent, should I press on with courts?

No, do not stop!

Keep going until it's over.  If you stop the eviction process early, and he was fooling you by moving things, you'll have to start all over again.

It's not over until it's over.

Originally posted by @Carlos Enriquez :

No, do not stop!

Keep going until it's over.  If you stop the eviction process early, and he was fooling you by moving things, you'll have to start all over again.

It's not over until it's over.

 x2

Originally posted by @Robert M. :

He has no lease. He has not communicated. I, recognize I said "I", would change locks immediately and put his property out. 

 

 This is why you should never seek legal advice on the Internet.  

First, I would definitely seek professional legal advice. 

With that being said, in Connecticut, when we purchased a building and had a tenant that was in the process of being evicted and was going to leave on their own, our attorney felt comfortable with the tenant signing the below AND returning the keys.

Dear Landlord of [ADDRESS],

I, [TENANT], residing at [ADDRESS] am giving formal written notice that I have vacated my apartment at [ADDRESS] and will NOT be returning.

Sincerely,

[TENANT]

______________________________ ______________________________

Signature                                         Date

Again, please don't take this as legal advice without consulting an attorney, and this also goes back several months, so it's possible I am having a slight mental lapse if our attorney mentioned anything else. :)

Good luck.

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