 Take possession? (by Monica R [MI]) Jul 14, 2019 9:52 AM
 Take possession? (by Moshe [CA]) Jul 14, 2019 10:41 AM
Take possession? (by Still Learning [NH]) Jul 14, 2019 10:44 AM
Take possession? (by RR78 [VA]) Jul 14, 2019 11:48 AM
Take possession? (by plenty [MO]) Jul 14, 2019 11:57 AM
Take possession? (by CGB [MI]) Jul 14, 2019 12:05 PM
Take possession? (by Vee [OH]) Jul 14, 2019 2:30 PM
Take possession? (by Monica R [MI]) Jul 14, 2019 3:59 PM
Take possession? (by Pat [VA]) Jul 14, 2019 8:24 PM
Take possession? (by Monica R [MI]) Posted on: Jul 14, 2019 9:52 AM
Message:
We have a judgement that plantiff (landlord) can apply for order of eviction if defendant (tenant) does not move out on or before last Friday. Tenant stayed over lease as well as didn't pay last months rent and had pets on a no pet lease. We saw tenant moving on that Friday. I went to rental yesterday (Sat). I knocked then entered the home. Keys were left on the counter however there is still a desk, a couple pieces of clothing and food in the fridge. I text tenant to confirm they moved and I didn't hear back. My advice from an investor friend was to go there today, change the locks, clean, keep tenant items in case they come back and file eviction on Monday. I want to follow this advice but my husband is very leery we are not following the law. Seeing the keys on the counter and texting the tenant to confirm (with no word back) are clear indications we can take possession. What would you do? My husband wants to be sure. --73.18.xxx.xxx |
Take possession? (by Moshe [CA]) Posted on: Jul 14, 2019 10:41 AM
Message:
Can you communicate with the tenant? Is he coming back to claim the few remaining articles? If you point out that if he removes the remaining articles and returns possession, then he won't be charged rent for those days.
Check MI law. It should specify what landlord must do with remaining few items of furniture. CA law specifies a dollar limit on items remaining that can de disposed of summarily.
Return of keys csan be taken as an indication returning possession.
You can send a text that if you do not hear by some date, you will assume that he is not coming back to reclaim anything, and proceed to take back possession.
--47.139.xx.xxx |
Take possession? (by Still Learning [NH]) Posted on: Jul 14, 2019 10:44 AM
Message:
I would not change locks prior to filing for eviction. I do not know MI law, but check to see if there is an abandonment law that would be quicker and cheaper than eviction. I am assuming you posted the door 24 hours prior to entering. This sounds like one of those catch 22 positions where the tenant may technically still be in possession even though it seems they have left. --24.61.xxx.xx |
Take possession? (by RR78 [VA]) Posted on: Jul 14, 2019 11:48 AM
Message:
I myself would be in there and would not even keep tenant items.
Has a eviction order.
Keys on counter shows they dont plan on getting back in.
No response to text.
All the above is enough for me. And I know my courts would agree.
--73.152.xx.xxx |
Take possession? (by plenty [MO]) Posted on: Jul 14, 2019 11:57 AM
Message:
Utilities on? In tenant's name? Check utilities companies. --99.203.xx.xx |
Take possession? (by CGB [MI]) Posted on: Jul 14, 2019 12:05 PM
Message:
There are no abondonement laws in Michigan and thus I define abondonement in my lease. I would recommend using common sense. Post a notice on the door that the premises appears abondoned and that locks will be changed in 24 hours. Take pictures of the items left including the keys on the counter. Pack remaining items and send notice tontensnt they will be disposed of in 30 days if not claimed. --67.149.xxx.xx |
Take possession? (by Vee [OH]) Posted on: Jul 14, 2019 2:30 PM
Message:
How do you get a judgement of eviction if court did not grant the eviction? Maybe you need to get the writ of restitution that promotes the sheriff to order the house is vacant - this does not cost much, here it is 15bux and I get them on every eviction because hardly anyone wants to wrestle with the sheriff. --76.188.xxx.xx |
Take possession? (by Monica R [MI]) Posted on: Jul 14, 2019 3:59 PM
Message:
Yes, that's right Vee, we still plan on filing for the writ tomorrow just to protect us.
I think we can take possession. My husband doesn't think so. We went there again today and everything is exactly the same. The judgement gave the tenant 10 days to move. Ultimately we decided to wait for until after the order of eviction and then we will take possession since we couldn't agree and everyone's responses were mixed as well.
Thank you everyone for your help. --73.18.xxx.xxx |
Take possession? (by Pat [VA]) Posted on: Jul 14, 2019 8:24 PM
Message:
I agree about confirming if utilities are canceled? If they are, I believe I would proceed with work, saving tenants stuff for a while just in case it's a trap. --71.51.xxx.xxx |
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