Tenant move out date

[Moncy Samuel]

Hello Bp

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 

[Marcia Maynard]

Be swift!  

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.

Good luck!