Court
I rent out one townhouse. Tenant was always late with rent, bad checks, never answered her phone. Late for thirty days on Decembers rent. I posted the three day notice. Tenant moved out night before last day of notice.
Tenant left one bedroom full of furniture. Will not return calls. Filed papers.
Can anyone give advice about paperwork to present in court?
thanks.... <IMG SRC="images/forum/smilies/icon_eek.gif"> <IMG SRC="images/forum/smilies/icon_eek.gif"> [ Edited by taylorsmom on Date 01/22/2004 ]
Speak with a local attorney. All states are different. Here in Ohio you have to actually store the property for a period of time before you get to court to get an order.
In the future you probably should not wait for the tenant to be late 30 days to evict. If they are 10 days late they get the 3 day notice and out they go.
[addsig]
Dependent on the State. Move for Summary Judgement and Writ of Possession.
Take possession, note and list the items that have been left. Place them in the garage or some place of safe keeping.
Attempt to find the ex tenant. You do have a judgement. If not place a notice in the designated newspaper of the area and post notice of sale within 30 days.
Pass the sale, and then readvertise again and this time hold your sale.
Check your local judicial customs and rulings. Might ask a legal aid person or yes, even an attorney in common practice.
Clean up and rent again. Lucius
Definately check the laws in your state.
In Alabama, I was told that if I saw evidence of the tenant trying to move without notice, then I am allowed to protect my property from vandilism.
Therefore, if there are signs they are moving, I could lock the property in storage and hold for any back rent or in this case I could site the remaining property outside.
Here, if you notify the Sherriff dept of a possible evasion, they will come and standby while you remove the remaining property.
Hey,
If I understand your question, you want to know what paperwork to show the court for an eviction. A lease, evidence they have moved out and the record of non-payment. If the tenant has already moved out, I doubt they are going to show up in court.
With that said, there is the issue of property left behind. The best piece of advice I can give you is take it all to the dump. You don't want the garbage tenants leave behind and your sure don't want to pay storage fees.
Haul all the crap away. If anyone asks you, the tenant did NOT leave anything behind. That room was empty.
But just to make sure we are clear here, there is LEGAL advice and PRACTICAL advice. I am not giving you an LEGAL advice, just a real world answer.