Is my tenant gone and what can be done ???

Question

I have a tenant who didn’t pay till now and we have eviction hearing next week. This morning another tenant informed the door of unit has been open from long time it looks like they have left. Can we enter and inspect the unit ? We still wait for the judgement next week to get possession?

James Wise · Answer

Looks like a safe bet to go ahead and enter and regain possession of your unit.

Colleen F. · Answer

@Marita Jojo if there are obvious signs of abandonment you can enter.  An open door is definitely an obvious sign, an unlocked door not necessarily.  If you want to be really conservative I would say notify them of entry and go back in 24 hours but frankly if they unit is mostly empty take pictures, they are probably gone.   If they don't show for court the eviction will likely rule in your favor.

Rick Pozos · Answer

Change the locks and lock the door. If they are still there(highly unlikely), they will call you immediately!! You must give them a new key. Most likely they are not and you are securing YOUR property so that someone does not get in there and camp out or burn the place down.

Fix the items that you need to and keep the unit locked. After several days with no one coming to look for keys, you know that the unit has been vacated. Now you don't need to go to court to continue paying for an eviction because they are gone.

Marita Jojo · Answer

@Colleen F. Checked made videos looks like gone as nothing UB living area, kitchen left bedroom furniture and mattress only. Will take the evidence to court next week.

Marita Jojo · Answer

@Scott M. thanks looks like gone as nothing in living room, refrigerator gone but left bed in the room and mattress. Will take the video to the court hopefully will get possession that day and not have to wait another 10 days after that.

Scott M. · Answer

Door open / toilet running / smoke's beeping.  Yes, you should enter.  We all have cameras so just make a video of you going in and show the condition.  Secure the unit and leave a note and a VM about where they can reach you.  Bring all of this to court with you.

Colleen F. · Answer

@Marita Jojo  this is an emergency entry so go in now.   Who knows what could be going on.  Take photos and if empty move to re-rent.   Any time there is smoke detector or running water, or maybe  heat is off in winter, burst pipes, you can make an emergency entry.  If you suspect the tenant may be in the unit and this is happening ask the police to make a welfare check.

Bjorn Ahlblad · Answer

Under those circumstances I would enter immediately.

Marita Jojo · Answer

@Colleen F.  The door is open toilet water seem to be running mostly smoke detector is beeping and tenants phone going straight on voicemail.

Is my tenant gone and what can be done ???

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