New problem. Hostile tenant was served (properly) for possession. Supposed to be out tomorrow. Last communication from them was a hate filled rant falsely accusing me of harassment . That’s how every text with them goes lately. However, in that rant , tenant did say they were leaving on the 31st. Security system shows moving truck and lots of furniture being moved out of home today. My problem is that the home has keyless entry. There are no keys to signify possession has been returned. I’ve never had a problem getting a confirmation text from tenant that they are gone and that has always been good enough for me. That’s not going to work with this one. Texting them to ask if they are gone is going to be like poking a stick at a pit viper. Technically they confirmed in writing ( last text) that they were leaving on the 31st.

I would think that communication you have that they would be out on the 31st would be sufficient in this case.

But...I'd make a change to your lease. Here's one example, but you'll have to word it yourself to cover all bases.

"For any property equipped with keyless entry, Tenant hereby agrees that possession ends at 6 pm on the last day of the lease. In any case involving court action for a house with keyless entry, tenant agrees that the date and time (if not noted, 11:59 PM will be used) of final possession shown on the court document constitutes change of possession."

So if you have security cameras on showing that they moved everything out (or enough for you to assume it is) then I would make sure that it isn't deleted.

Note when they last were there and then check to see if they ever came back. Do they have until midnight on the 31st? If that's the case I would just leave all alone and then go there on the 1st and check it. If you have a marshal or need law enforcement, etc then get with them and have them show up with you. That way, you have someone else "giving the property back to you" - make sure they do that in writing - and then change the locks.

Rents,

Their comment about being out on a certain date means nothing legally. They are not out until they are out.

If this guy likes to rant I give him a tease to get his reply.

"Are you out yet?" Let the pit viper respond and you get the written evidence to use in court.

Rents,

For what it's worth...in my 46 years of LLing TONS of props I learned the more they rant the more afraid they are.

Corner a dog and he'll growl and snap.

They are backed in a corner, they know they are wrong or been evicted, and all they have left is to bark.

MY favorite indicator of this theory is when they finally challenge your integrity. No ammunition left, just yelling louder. Reminds me of my 3 year old grandson being disciplined. As he sits in the corner he declares "You're a poopy-head!"

If I had a nickle for every time I was told "And you call yourself a Christian! Grrr1"

ummm...I never told you I am a Christian so now I know they are making up stuff.

BRAD

I believe the follow up question you might be wondering is - how does one prove that someone moved out without actually turning over the keys.

Well the judge might ask it slightly differently - dear landlord, how do you know that the tenant wasn't simply on vacation.

Things for you to look for 1) utilities turned off 2) mail forwarding address 3) no furniture in the place 4) No TP in the bathroom 5) Freezer is empty 6) text saying that they are planning on leaving on a set day.