Tenant has not confirmed they moved out…how to get possession w/o eviction ASAP?

[Jonathan Sowinski]

This thread is related to another I posted last week http://www.biggerpockets.com/forums/52/topics/76679-terminating-month-to-month-leaseany-tips (see for more background).

The situation has now slightly changed and would hope to get more advice…

Basically I was terminating a lease this month, looks like tenants were planning on moving out anyway and have mostly done so but I have no confirmation of this from them.

I am 99.99% sure the tenant is moving/moved out, as I walked through the unit yesterday and most of their stuff is gone. There are still some minor things that remain including a computer and storage bins, pile of old roommates mail (looks like all the utilities were in her name (every single light was on too WTF?)) and random piles of trash typical of people of this character. I know that technically they are still considered tenants, but I so badly wanted to clean the place and begin to fix the thousands of nail holes in order to re-rent the unit ASAP.

I left a message for them both stating that they are still considered tenants and owe rent for Sept. as we did not get a formal 30 day move-out notice (I am taking a wild guess but I don’t expect that their check is in the mail), and that if they call back with their situation return the keys and move out ASAP we may be able to work out a deal, pro-rate or something, but either way we need to know the situation.

Any suggestions as to how I can legally get them out ASAP without going through evection or way to safely clean up the place without having the liability of touching any of their remaining items?

I am probably going to stop by the one’s work this afternoon see if I can’t make progress.