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    EricPritts's Avatar
    EricPritts Posts: 1, Reputation: 1
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    #1

    May 18, 2016, 04:48 AM
    Writ of Possession filed
    My Tenant is 4 months behind, in rent

    5 day pay or quit hS BEEN SERVED

    Unlawful Detainer Filed, judgement Granted

    Writ of Possession filed
    BUT HERE'S THE RUB!!

    The tenant made a half-hearted attempt to pay, so we delayed the Eviction from 4-22 to yesterday

    My Handyman had a Flat Tire, didn't show, Deputy said that because the Writ expires today, a new writ must be applied for. Aqnd left.

    MEANWHILE , it appears Property is Abandoned- Can I, Legally go in and change the locks qand start to assess any danmages, now,
    Or do I need to get a new Writ, and go therough the Lock Out Routine?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 18, 2016, 08:44 AM
    Appearing abandoned may not be the same thing. I would play it safe by getting the writ renewed. I would also not wait, in the future, to file. A Pay or quit notice should be filed 1 day after the rent is missed.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    May 18, 2016, 09:23 AM
    Did you go inside to determine if the tenant's possessions are still there? If they are not, it seems that you can reasonably determine that abandonment has occurred, and therefore take possession of the premises.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 19, 2016, 05:07 AM
    Any good deed does not go unpunished. Lesson learned, if you go to all the trouble to evict, evict, unless it is a full effort and every back amount is paid in full. (then I would still evict since it will happen again.
    They still owe you all the back pay anyway.

    You really need to go though eviction again, You can go in, and inspect, if they are gone, even start clearning. But if there is anything, even a letter in that house, their property is still in it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    May 19, 2016, 06:18 AM
    Quote Originally Posted by Fr_Chuck View Post
    ...
    They still owe you all the back pay anyway.

    ... But if there is anything, even a letter in that house, their property is still in it.
    Yes, OP should complete the lawsuit and get a judgment. But if tenant's property is substantially all gone, and nothing left for which the tenant would likely return, abandonment has occurred and OP can take possession. If there is anything of value (such as a letter, per Fr Chuck's example), keep it for a reasonable period in case the tenant comes back for it.
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