Tenant won't give up unit but she's no longer living there

[Robert Lindsley]

Hi there,

I have a tenant who stopped paying rent two months ago. She's been evicted but the sheriff won't serve the final writ of possession due to covid.

The tenant has mostly moved out, except for an unauthorized BBQ and a couple of miscellaneous things. She is no longer staying at the property.

Now she's dragging her feet getting the final items out of her unit and won't give me possession.

Is there anything I can do? I have a lovely couple ready to move in, but obviously that can't happen until this current tenant is out.

Thanks

Robert

[Patricia Steiner]

I might try a different tactic..I would give her notice of an inspection.  In my state, it's 12-hours in advance. Take a witness with you and document the condition of the unit/property (take photographs; use a downloaded quarterly inspection form).  Both you and the witness document the time of your arrival, the results, and your departure time; be sure you wear gloves and masks so you can demonstrate your respect of her.  If for some reason she shows up, just be matter of fact that you'll only be a few minutes and that you're simply doing a routine inspection.  Do not mention the eviction.

If it's obvious that she is not living there to both you and the witness, send her a letter/email with proof of receipt to share that she has obviously moved out, that you do not want to continue to accrue unpaid rent to her if she has in fact vacated. Ask if she would like to remove the remaining items or if she would like you to dispose of them.  Position it as "I do not want to keep running up the tab if you have found other housing; it doesn't benefit either of us and this pandemic has and continues to be a challenge for everyone.  Wish her well she moves forward.  See if this approach gets you a response of "I'm out, do whatever you want."

This moratorium chaos is going to continue for some time to come so the goal really is to just get your property back and move on, right?  Try the kindness approach...it just may work - especially if she thinks you have her best interest in mind.

Hope this helps.  Actually I hope this - or something else - works!  Keep the faith and that nice couple waiting to move in...