My tenant moved three loads of her property out and then informed me I had to evict her because she is going to leave some of her stuff there. She owes back rent and has broken her lease in other ways also. If her stuff is there, but she is not living there, do I have to go through the eviction process or can I just put her stuff out and re rent the property? Also, if all she left was a couple of things, i.e. toothbrush, it that enough to consider her living there to the courts? She was very belgerent when she moved her stuff out and did not give any notice. What is considered "residing" or "possession" of the tenant?

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Originally Posted by edmond750

My tennant moved three loads of her property out and then informed me I had to evict her because she is going to leave some of her stuff there. She owes back rent and has broken her lease in other ways also. If her stuff is there, but she is not living there, do I have to go through the eviction process or can I just put her stuff out and re rent the property? Also, if all she left was a couple of things, i.e. toothbrush, it that enough to consider her living there to the courts? She was very belgerent when she moved her stuff out and did not give any notice. What is considered "residing" or "possession" of the tennant?

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Eviction varies from State to State - and, yes, you have to evict her from what I read into this. As soon as you get into Court the Judge can rule whether the tenant lives there or is simply leaving property there to annoy you.

You need to learn the ABANDONED property statutes of your state... you may just need to move her belongings to a self-storage facility, notify her how to get her items, change the locks and re-rent your property. If there are utilities in her name, transfer them to your name IMMEDIATELY and determine if she has a forwarding order in for her mail through USPS