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ok, I delivered a 30 day notice of eviction to my renters this morning because of non payment of rent. A few friends of mine in town have called me today and said they have a van and trailer at the house and are moving out now. Yes this is a good thing but they are the type of people who will not call and let me know when they are totally out. So how do I know when it is legal for me to go back into the house, Do I have to wait the full 30 days even though I know they are starting to move now??? what if neighbors dont see their cars there for say 3-4 days, so i think they are done moving , i go to the house and some of there stuff is still there?? then i get in trouble for unlawful entering? but then again what if they ARE totally gone and do something stupid like leave the water running, and i dont go there. Please help!!!!!!!!!!!!!!

2006-10-24 15:04:14 · 8 answers · asked by JR 2 in Business & Finance Renting & Real Estate

8 answers

In most states, you would not be able to reclaim possession of the unit until the end of the 30-day period unless the tenants notify you ahead of time that they have moved out. If they have not notified you by the end of the 30-day period, you will still need to post a notice to enter (24-hour minimum unless stated otherwise in your agreement) and see if they have left personal property behind. Personal property means stuff that is not obviously trash. If they did leave such proeprty behind, then you would need to file a claim for abandonment..... At that point you would be better off to consult with an attorney or legal aide clinic.

As to the immediate future, when you believe they are out, simply post a notice of intent to enter (usually 24-hrs) and then perform an inspection. Then you would take it from there....

2006-10-25 05:03:46 · answer #1 · answered by CMR2006 3 · 0 0

coming from a ex apartment manager of 10 years I would have the neighbors call you as soon as they leave,go over and check inside make sure every things OK don't touch a thing,keep a eye on it for about 2 weeks if no one comes around take anything they left behind and put it in storage send them a letter to that address and let them know that you thank they are gone if you don't hear from them then change the locks and get it ready for renting...(if they happen to catch you inside just say that the neighbors smelled smoke or gas and you had to check its legal)good luck..

2006-10-24 15:16:31 · answer #2 · answered by kitty 4 · 0 0

Are you in the US? Just that over here in the UK you can enter "With resonable notice" is some cases. If the landlady wants to come round I get a txt message 24hrs before just to let me know. If I don't respond it's taken as I've accepted their access request

2006-10-24 15:09:41 · answer #3 · answered by Wattsie 3 · 0 0

in California (I own rental property there) you can access CONTINGENT on contract terms......so whatever rental agreement you signed with the cretins is your tool....HOWEVER...if they are still there, you can get into some issues to really piss them off, and then they squat on you and it could take MONTHS to get them out....my suggestion : get a VERY LARGE friend to go to the house with you, as a witness, and attempt entry....YOU HAVE THAT RIGHT as an owner....and if nobody there, CHANGE LOCKS, and move on...BUT VIDEOTAPE EVERYTHING and TAKE LOTS OF PICTURES for court to sue the deadbeats. Remember, IT IS YOUR WORD AGAINST THEIRS...AND THOSE WITH THE PROOF AND THE WITNESSES 90% OF THE TIME WIN

2006-10-24 16:26:29 · answer #4 · answered by ? 3 · 0 0

check the rental laws for your county. As a property owner, I believe you have the right to entry, and that should have been in your rental agreement. There should also be some form of abandonment clause, either in your agreement or in your county law, that would allow you to redeem the property if they left and hadn't returned for a period of time.

2006-10-24 15:07:55 · answer #5 · answered by playing_shy 2 · 0 0

you evicted them without any mercy you claim none payment , served them with 30 day no mercy as landlord toward them they are moving out leave them alone let the 30 day pass . then take over simple as that landlords don`t deserve mercy or help

2006-10-24 16:33:16 · answer #6 · answered by jay 3 · 0 0

Get a lawyer or access to one through your local Legal services in your county

2006-10-24 15:07:19 · answer #7 · answered by Elay 2 · 0 0

The answer to your question is ENTIRELY dependent on what state you live in. I would search the internet for something specific to your state. The information is out there.

2006-10-24 15:10:31 · answer #8 · answered by TheSlayor 5 · 0 0

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