So today was the big day I was to regain order for possession of my unit. At 10 AM the constable was supposed to show up and I scheduled the locksmith to arrive as well to rekey the locks.
I was under the impression the tenant and anyone else is to be removed from the property and if they have any items they could be recovered at a later date.
Well... that didn't happen. The constable let the tenants stay to finish packing and he will return tomorrow. I'm not kidding.
I'm across the country and wasn't there (my parents met with him).
Now if the tenants want to leave they can't lock the door... and so anyone can enter. Awesome.
I'm not understanding why the constable didn't kick them out. I called the local magistrate and the woman claimed the constable should have kicked everyone out unless there was a mutual agreement (which there wasn't).
She gave me his contact number but I was so annoyed I didn't write it down.
The tenants simply told him they knew they were supposed to be out today but they weren't told the precise time (of course that information was mailed to them).
Has this happened to anyone? Is this standard procedure?
Not the standard procedure, but it happens. Get the contact information, be polite, find out what happened, and do what you need to do to get it set up for tomorrow. Constables, sheriffs, and even the courts can screw up for various reasons. Unfortunately, there isn't much you can do about it unless the error was very egregious.
Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.
@Chris K. Thank you for the reply. It's very frustrating. I'll call the guy later. I'm too angry to do it right now.
Having the locks changed and letting the tenant stay in the apartment defeats the purpose of the eviction time and date but I'll have to deal with it.