Eviction Problems

[davcun1@earthlink.net]

I'll get to the point. This is in the state of GA. Dispo trial was 01JUN. Found in my favor and a judgement for money. Tenant was given 7 days to move. (I didn't know that I should have immediately gone down the hall and filed for a Writ; using 08JUN as the 'date of action' or whatever.)

This morning: house unlocked; appears abandoned; no furniture but a 1/2 p/u truck load of 'stuff'...clothes, pictures, glasses, cups, a lawn mower. IE, appears 95% (?) moved. ONE key left on the kitchen counter. A p/u load of household garbage. No utilities. Can't contact the tenant.

I went to Magistrate and filed for the Writ. Now I have to wait, "...2-7 days to call the sheriff...time fo the paperwork to get to the sheriffs'...they might have it by Monday...but could take 6-7 days..."

Question: Given all of the above, should I wait for the sheriff and do it the complete legal way or can I 'assume' the tenant is gone and...change locks, start working on it?

Time is of the essence...lol.

Thanks!

:D

[TommyOH]

I would say technically they have until today to get their stuff out as ordered by the court. Change the locks tomorrow. I'm not sure what the sheriff will be able to do if they are gone and there's no contact info available.

I do believe that you will be required to store their junk though. Check your states requirement on that. In NY for example, you have to store their stuff for 30 days.

[Debbie]

I've never experienced evicting (landlord since 2000). But I do know that in my county, no landlord is allowed to store tenant's junk. We'd have to wait til the Sheriff appears, have our own hired out muscle guys to remove tenant's junk to the curb, under Sheriff's supervision.

Once they're out to the curb, we have to hire a third party to watch tenant's junk for 24 hours so that there'd be no attempt to steal tenant's junk.

If the tenant does not pick up their junk within 24 hours, then anyone can be free to "steal" the junk or landlord can send junk to landfill.

Bottom line: check and talk to the eviction attorney in your state/county/city. Each have different laws. Also a good idea to talk to the Sheriff and find out what the standard procedures are.

Do it right or you'll find yourself in plenty of trouble.

[davcun1@earthlink.net]

Thanks for the replies!

The Judgement on 01JUN says the tenant has 7 days to move.

"...If there is any sign they or anyone is still living there..."

Well, no furniture, no clothes, no utilities and doors unlocked. That's why it looked abandoned to me; and that they've moved. I didn't mess with anything on the 8th. So, they had yesterday to finish getting anything they want to keep out of the house. I think I'll go with Tim's advice and head over today and change the locks and start tossing stuff; meaning, I'll have to haul a very full p/u truck load to the landfill.

I've never had one of these type evictions either. Usually, telling them to move, sending the 'eviction effects' letter, etc etc has worked in the past. Usually, they're behind on the rent and just skip. This woman must have listened to the agents(clerks) at the Magistrate's about all the deadlines and what she could do and/or had to do. Also, in actuality, I think she was actually out of the house several days ago. I went there about two weeks ago and there were no utilities at that time.

Any further thoughts appreciated.

Tim: heading to your links after I send this.

Thanks again for all the replies!

:D

[TommyOH]

Definitely go check out Tim's links. Many of us read his blog and subscribe to his newsletter. It's all solid info you can use.

[Debbie]

Definitely go check out Tim's links. Many of us read his blog and subscribe to his newsletter. It's all solid info you can use.

I read Tim's blog and newsletters. Priceless!

[davcun1@earthlink.net]

Cool web sites! I voted for ya, Tim.

[Dan Auito]

Why not store anything they have worth keeping for 30 days and then have the classic junk sale if nobody comes calling for their junk.
Sometimes it truly is just junk but hey, it gives them some phantom basis to hassle you later. It's nice to have an outbuilding where you can store pure junk for a period of time for these various purposes.

[Tom CT]

In your post you said they left the key on the counter wouldn't that mean they are done.

[Debbie]

In your post you said they left the key on the counter wouldn't that mean they are done.

Not necessarily....

In some states, if there's tenant's personal property left behind, you can not assume that the tenant has left for good....

[Tom CT]

Here if they leave the key their done.

[davcun1@earthlink.net]

Great idea about the outbuilding. Of course it'd have to be 'out' so the fleas and roaches can stay indoors.

I believe my episode is a done deal. 'Someone' took the heavier items from the yard...lawnmower, dryer, grill, inop stereo and a couple bags of clothes. The rest was one piled hi p/u truck load. The cleanup/haul off occurred four days after the court-ordered seven day period. They had plenty of time to get what they wanted. They have yet to call me.
Thanks again for all the replies!

[davcun1@earthlink.net]

I'm going Sec 8 on this house. The carpet is decent shape except for one small, worn/bare spot in the dining area. Vinyl in kitchen/laundry area is in good shape except one spot at the back door where there's no vinyl at all; i.e. the slab shows. It's the width of the door...so, about 6" by 3'. Will this be important to a Sec 8 inspector?

Should I start a new topic?

Thanks!

[davcun1@earthlink.net]

Thanks Tim. I'll start on Monday morning getting that done.

[Peach State Property Buyers]

Section 8 will probably make you fix everything that they can visibly see. They are something! What area of town is the house located? How many bedrooms/bathrooms? Will you post after the Section 8 inspector leaves about the rent limit that they give you?

[davcun1@earthlink.net]

"Section 8 will probably make you fix everything that they can visibly see."
That's what I've been wondering about. Some say they aren't as nick-picky as they used to be; eg looking for 'clean, safe..housing'. It's a 3/2 in 30238; Jonesboro address but more like Riverdale location. Like I said, carpet is good all over house except for the one wear spot in dining area. Same with vinyl in kitchen/laundry...very good except strip by back door.
"Will you post after...?"
Not sure whatcha mean.
Thanks!

[Debbie]

Angela is asking you to post here after the Section 8 inspector inspected your rental property.

She is curious about the potential rent amount allowed by Section 8.

Did I understand that correctly, Angela?