My tenant in the duplex property was defaulting on rent and after eviction filing, we came to a mutual agreement which was signed by Judge to make the rental dues (900) and leave the property on 7/21.
Morning I reached out to the tenant and she told me that she will let me know by end of the day. By 7pm no indication of moving.
What should I do. ?. please advise
what do your court papers say?
Your court papers should make reference to a sheriffs eviction. Tell your tenant you are contacting th esherifs office to initiate th ephysical eviction.
Consent judgement is below
The parties agree that defendant is liable for rent at $525 for June and $367 for July. Defendant owes principal 892 and court cost of $75 for a total judgement of 967.50. Defendant didn’t request a payment plan.
Defendant shall vacate the property by July 21 2018. If defendant fails to vacate writ of possession shall issue upon written request. Plaintiff shall inform court within 40 days of satisfaction of judgement.
On Monday, make a written request to the court to issue the Writ of Possession. The tenant blew it.
The judgement has not been satisfied. To satisfy the judgement, the tenant would need to vacate the property by July 21, 2018 and pay you $967.50. You would then have 40 days to notify the court when this happens. It can't happen now, because the tenant is still occupying your property and will ultimately owe you more rent for July because of it.
From the Nolo website.... "Once a judgment is paid, whether in installments or a lump sum, a judgment creditor (the person who won the case) must acknowledge that the judgment has been paid by filing a Satisfaction of Judgment form with the court clerk. Doing this makes it clear to the world (and especially credit rating agencies) that the person who lost the case (the judgment debtor) has met the obligation."
What does the tenant intend to do? Her choice will determine how you will proceed. I'd let her know that you will inform the court on Monday to issue the writ of possession, unless she vacates the unit and returns possession of it back to you before then.
Find out why she is hasn't moved out. What are the barriers she's facing? Typical barriers are: no place to go, no moving supplies, no moving help (labor), no moving truck, lack of physical ability or mental ability to do what needs to be done. If the problem boils down to logistics, you could help her sort that out. We've provided bags (3mil contractor type plastic bags), boxes, tape, and a marking pen before. Once we even rented a U-Haul truck to take a tenant's stuff to a storage locker. It might cost you less to provide moving supplies-labor-transportation-storage, than to drag this through the court. The longer a non-paying tenant stays, the more money you are losing.
You do what the court document says-file for writ of possession. You may have to pay another fee and in a few days (varies by state) the sheriff or constable will come and physically remove them. Hopefully for your sake she moves out by the end of the weekend before you can file the writ on Monday. She may know that fact and be giving herself an extra few days. It sucks but that how it works. You won't get that fee back unless you take her to small claims court but at that point you're better off just focusing on getting the unit ready.
I think that @Marcia Maynard hit this nail on the head!
You do not need the writ of possession anymore because you have possession of the unit. Have the vehicles towed. The way towing usually works (not sure about GA) is that the tow company takes the vehicles for no charge and keeps them in their lot. They get paid when the tenant comes to get them out. In my case, I have a contract with a tow company, they provide me with the sign I need to legally have displayed, and when I call them they come pick up the vehicle. If you don't have an agreement already in place they may charge you to get them removed.
I had an evicted tenant take the stove while I was there so I called the police. When they showed up they told me it was a civil matter because she said it was hers and I said it was mine. Even though I had all the closing paperwork where it said "all appliances convey with the property" I was pissed but there was nothing I could do.
You will need to file a suit in small claims court for the judgement, cost of removing vehicles, clean-up of the unit, stolen stove, and any other damages to the unit. You also need to send her a certified letter with all the charges she owes you. If you dont have a forwarding address send it to the unit and any past addressed listed on the application or lease. Keep copies of everything. I hope you took pictures before you cleaned the unit up so you have some proof when you go to court. Most likely the tenant won't even show up and you will win by default but you will also never collect. Depending on your state laws there are different remedies for judgement so when it gets to that point you may need a lawyer to figure out how to get your money but everything up to that point you can handle yourself.
Right now just focus on getting it fixed up and rented again with a good, quality, properly screened tenant. Prevention is the key to avoiding this situation.
I would call the police, meet them at the property and file a report for stolen property
You don’t know that the tenant did or did not steal it.
I wouldn't give her anything back until she pays in full, brings back the stove, and removes the vehicles. Not to sound callous but how many wheelchairs does she need? If she needed them that badly she would have taken them with her the first time. They probably don't belong to her which is why she wants them back.
@Michael Plante makes a good point. Unless you saw her taking the stove or have some proof she will just claim she didn't take it. Again, hopefully you have a lot of pictures. Even better if you had the serial number of it for the police report but most landlords are not that thorough (including me, but this situation does start to make me think that it wouldn't be a bad idea to start keeping track of). I would still list it on the suit if you end up filing but if she uses that defense it may get thrown out and you will just have to claim it as a loss.