Eviction-moved out; can I start work?

Question

I posted a quit notice on one of my rentals due to non-payment (tenant lost her job). It was not pleasant and communication has ceased but neighbors have let me know she moved out. I just filed the Dispossession papers and they will be served at the house next week. If she is gone, can I start repainting, cleaning up, showing the house etc.? If not, I can certainly confirm it is locked up, right?

I do not have any communication with the tenant, she has not told me she is out.

Uwe K. · Answer

Details will depend on the state. 
In WI, I would post the notice, say 5-day notice to pay or leave. They don't pay, so they should leave, as this notice terminates the lease. This also means, they have no right to be there anymore. But them still being there also means I cannot just walk in and do stuff and change locks etc., because they still "live" there (albeit illegally). 
If it then goes through court, sheriff, etc., it's clear cut.

If they appear to have left before (court dates), they surrendered the premises, they are yours again, you can do what ever you want. The key is to decide whether they in fact did surrender. When all stuff gone is pretty obvious. A computer and some undies left, not sure. All clothes still there, probably not, even if nobody has seen them in a week.

At any time during the lease I wold be able to post a 12 hour notice to inspect (or do repairs or whatever). I can post this 3 times a day if I want, every day, however I deem necessary and appropriate. In emergencies, I can just walk in.
If during inspection the premises look empty, the tenant left according to the notice (even if late). Then there is also no need for the sheriff to come out.

Karen Rittenhouse · Answer

Yes, you should always check your state and local laws.

Here in North Carolina, we would not enter the property unless there is an emergency. The tenant has legal possession of the property until they have either given proper notice and moved or until the eviction process is complete and we have been awarded legal possession by the courts.

For us, no, we would not enter or start any repairs on the property even if the tenant has moved on. If we did, we would be breaking the law.

Ned Carey · Answer

Yes laws will clearly vary by state and possibly even county. Know the law. My comments below may be contrary to the law in your area.

What does your lease say? Do you have the right by the lease to enter the property with proper notice? As long as appropriate per the lease, I would say there is nothing wrong with inspecting the property. Post a notice on the door that the property has been reported as empty and you will be inspecting in in 24 hrs.

I would also think that is nothing wrong with a landlord doing maintenance or upgrades, such as painting. However if anything is left inside, do not touch it.  You don't want a tenant claiming something you threw away was a valuable antique.  Remember the tenant still has rights to be there until the eviction is final.

Will Browm · Answer

I actually got very quick action from the Sheriff.  I was told to expect 7 business days for the Eviction notice to be posted.  It occurred at 7am the next day.  If she does not answer and contest the eviction by Feb 6th, I will get a writ of possession.  I was assuming this could take weeks.  I can wait until next week.  Might simply drop by, with a witness, and verify the doors are locked.  I have heard the house was empty from a neighbor who stopped by as she was moving out.

Andrea M. · Answer

I wouldn't do anything unless I am on the correct side of the law and to avoid any possible liabilities that can/may occur for any items that may still be in the property. I actually did a google search and found the GA Landlord Tenant Handbook online..here is the link

http://www.dca.state.ga.us/housing
/housingdevelopment/programs/downloads
/Georgia_Landlord_Tenant_Handbook.pdf

The issue you are asking about starts on page 54-55

Brandon Turner · Answer

Hey Will Browm I am curious to find out the answer as well. I'd assume this changes with each state, but perhaps I can pull in Karen Rittenhouse in to help answer?