Renter moved before eviction order

6 Replies

My tenant did not pay rents for several months. So I filed eviction case. But they just moved before the eviction order to arrive. I guess I will go to the sheriff office the next step. I am wondering someone have similar experience yo deal it properly?Should I email them my copy of the order since I dont know where they moved?How will that impact the garnishment?Thank you in advance.

This happens more times than not; here's the resulting play:

"The tenant may simply move out before the court date. The landlord may dismiss the case. If the tenant owes missing rent or money for rental house damages, the landlord may ask the court to convert the case to a regular civil case. Therefore, the tenant should work things out in addition to moving out."

The tenant never "works things out" before moving out - as you well know - but simply be glad they're gone/out/vacated.  Document the condition of the unit; take photos.  Withdraw your eviction case because there's no one to evict - and file a civil court action for your non-payment of rent.  

What she said^^^^  However: if there's a substantial damages situation, then once you have the judgement, file it as a lien against the individual(s).  It will be seen every time they apply for a loan, a bank account, a card, insurance, whatever.  And let them know that the only way to make that disappear is to pay off the judgement.  It's never failed me.  I let them know what I'm going to do before I do it, to give them a chance to avoid the whole mess.  Alas, they wait until I'm proven right.

If the sheriff is already scheduled to show up there, it might be better to let them do their visit instead of canceling. I've heard of people pulling crazy stunts like pretending to move out (so you cancel the process), and then sneaking back in.

I am so sorry to hear that you are dealing with this, @Eric Zheng . Patricia has this one 100% spot on. Be sure to document everything (I mean really document everything before you do anything to the place; I know there's probably an urgency to get the place all fixed up but be sure to carefully take photos, and let the sheriff proceed. I know it sucks to go through this process. Screening is the best way to mitigate your risks of renting to a bad tenant moving forward, and you're already asking a lot of the right questions now that you've gone through this first bad eviction experience.

@Rob B.

Sometimes screening means nothing, of course. Going through exactly what OP is going through. Tenant situation changed, and after 10 months she no longer paid rent. Filed eviction, and she has now moved out. I changed the locks and will now need to proceed with revenue collection options.

I’ve actually read lately several people suggesting just moving on with life and not pursuing money “you will never get”. I do not believe that is good advice. I will absolutely file for a judgment, every single time this happens. What I know for sure is, you can’t get money you don’t ask for.