Tenant Has Left But Property Still Remains In Unit
Heres the situation, I took a tenant to court for non-payment of rent and posession. The tenant never showed up so I automatically was granted posession and judgement. The 10 day period to appeal has passed and the tenant never appealed the desicion. I went to the courthouse today to get a copy of the judgement. Heres my question, the tenant moved out a week and a half ago and left a few pieces of furniture in the unit. Do I still need to get a writ of posession or can I just go in being that the tenant moved out on her own? The tenant told me I am not allowed to enter until I get that writ. What are your thoughts??
Double check with court, but you said you were granted possession, so should be cleared to proceed. Also, see what the holding period is on possessions...my state has a 30 day hold before disposing! Keep all of this in a folder including pictures and press on with getting a good replacement to rent the unit!
Yeah, the key is to follow your state/local rules on the property left behind...the last thing you need is a suit claiming you destroyed, gave away, her valuable property.
The property may noe be "valuable" to you, but may be to the tenant and can be used as leverage to get rent or damages if held in an alternate location...
Quote:
On 2010-09-30 17:54, ddstew wrote:
The property may noe be "valuable" to you, but may be to the tenant and can be used as leverage to get rent or damages if held in an alternate location...
You typically are prohibited from holding a tenants property from them...be careful to check your local laws before doing something like this.