Going to court after writ of possession

8 Replies

I am being brought to court by my tenants that I just evicted. I followed the law and gave them demand for rent, then filed for eviction which I won August 2. I then gave them a contract to keep them on as long as they adhere to it. They only did one of the six items on the contract. While I still was able to file for writ of possession I filed it October 27. They were served last Friday and then had seven days to get their belongings after the locks were changed by the sherif. Yesterday they filed a motion and now the hearing is next Thursday. I have no idea what I did wrong and what they think they could win from the hearing. I am going to consult a lawyer but does anyone know of anything they could get by me that I don’t realize? I don’t want the judge to allow them to move back in.

They could claim anything. Next time I would consider NEVER entering into an agreement with a problem tenant that you had to file eviction on. Find a good one.

John Thedford, Real Estate Agent in FL (#BK3098153)
239-200-5600

I realize now I never should have rented to them. I will never fall for it again. They know the system and they don’t want to go down without a fight. I want to clean their things out this weekend. Since it’s after the seven days they had to move out is that okay? We found out about the hearing from a friend down at townhall so we didn’t get any paper notice yet.

I would find out what is going on. This might be best to consult an attorney on. Make 100% sure you stay legal. There are always "victims" that want something for nothing.

John Thedford, Real Estate Agent in FL (#BK3098153)
239-200-5600

What they win by filing and having a hearing scheduled is typically more time to remain in the rental unit.  It's a ploy that tenants who know the system will often play even when they realize the inevitable.

You say they have moved out?   If so, they are likely to ask either to move back in or for money at the hearing.

Sometimes tenants file a motion for a hearing because, well, they have absolutely nothing to lose by doing so.

Gail

Don't move their things out yet unless you have a good attorney that says you still can.

305-537-6252

So could the issue be they were denied access to get their property within the 7 days that was permitted time period.

If the Sheriff excuted the writ and gave you rights to change locks then I see no issue there. It may be with them trying to get possession of their property still in the unit..

I'd wait to see the motion, and take photo's of the inside of the unit to take to court with you. I would delay in moving anything until then. If they contact you for wanting to retrieve their stuff FINE,, have them sign a piece of paper listing what they took .

I got the court paperwork today and it states that she filed a motion to rescind the writ of possession. I’m hoping that all they want is more time to move things out. They have had ample time to move things out. My boyfriend has been available everyday and I have been available almost everyday. I’m not sure what sort of money they think they will get from me since they were behind on rent and never told me about a water pipe leaking for who knows how long. We have another tenant that is eager to move in and we are lucky he is willing to wait until after the hearing since we can’t touch their things and cannot even show the house.

I don't know how the law works in your state, but perhaps similar to Maryland in that if serious repairs (that affect health and safety) are not done by the landlord in a reasonable amount of time, the tenant can file for rent escrow. However, the tenant needs to be up-to-date on rent...they can't be in the process of being evicted and then try to demand that repairs weren't done for rent escrow.

You need to have an attorney helping you.

305-537-6252

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