tenant left after I filed eviction but before being served.

[Don Chambers]

I have filed for eviction on a tenant and I am waiting for her to be served. The day after I filed I noticed she had moved out of the house. I can see in the house and everything is gone. I then put up a For-Rent sign. I have had a few calls but not shown it yet. The power is off; I have not cleaned it or even been inside.

She has called the court and complained that I am showing it. Someone at the court mentioned (unofficially) that I could be in trouble for some if this. They would not elaborate or give advice. I don’t think she has been served yet.

I would like to get a judgment for money owed. Since she has abandoned the house am I allowed to show to other prospects?

Here is the full story:
1. In December she did not pay her rent or call me. I filed for eviction around December 15.

2. She was personally served and a court date was set for Jan. 4.

3. On December 29 I received a check for December rent, late fees, and court costs. I did not want to accept because Jan rent is due on Jan 5 and I doubt she would pay it.

4. Our court forces you to accept payment in full if it is the first eviction filing. This would be payment in full on the court date, so I agreed to accept the check.

5. I verified the check was good then deposited it in my account.

6. I did not go to court. The tenant did and the case was dismissed.

7. On Jan 5 rent was not paid so put a demand letter on her door.
I filed for a second eviction on Jan 12.

8. On Jan 12, after filing, I received notice that the December rent check bounced.

9. On Jan 13, the house was vacant. I put up the sign on the 14th.

The tenant called today. She claimed that she moved on Jan 3 and left me a voice mail about it. She said she mailed me the keys but they never arrived.

Am I allowed to show the house if the have abandoned it?
Can I change the looks although the formal eviction has not occured?