Question about an eviction, input requested.

[Justen Ashcraft]

I was informed on the 4th of the month that one of my tenants lost one of her jobs and would no longer be able to pay her rent. She stated that she would be moving out in the next couple of weeks. I immediately sent the pay or quit notice and have filed for the writ of possession and it was served October 12, with 7 days to notify the court. She texted me and said she would be moved out by October 22. I drove by this evening and noticed the sheriffs envelope still taped to the door. We also know that the electricity was turned off in September 18. My question is, should I go tomorrow and unlock, and inspect the property for vacancy or set up the eviction/set out with the sheriff? I would prefer to not pay a turn crew and sheriffs fees to show up if the property is empty. Thanks for any experience/input.

[Steve Rozenberg]

I would be cautious on this, I was told by our attorney awhile ago that unless the premises are legally turned over to you by a constable then it could be your word against theirs. He called it the Rolex Rule, meaning they can say that they had things of value in there and you did not have legal possession yet. Basically a savy tenant knows this and can try to use it against you. Depending on if the judge is pro-tenant or pro-landlord could go either way. Not saying it would happen but it is a possibility and we just made it a business decision moving forward to always get the writ unless the tenant gives us the physical keys. Even though it does take a few days longer the gamble of the downside was not worth it in our view to risk the legal chance.

If it were me I would play it safe, you already filed everything. Just go thru the process and not risk it. People that are desperate will do things they would not normally do. You never know what they are thinking