Does anyone have specific rules for move-out walk thrus with evictions/tenancy terminations? In normal cases I schedule a move-out walk thru and let the tenant know that they are welcome to join me or just leave the keys on the kitchen counter. With evictions/termination, I already have law enforcement with me and don't really feel like it's the most opportune time to do a full inspection, especially if the tenant is still throwing stuff out the front door into the hallway (we have an eviction/lockout scheduled tomorrow, as of this morning the tenant thought they could talk their way our to it and hadn't packed a thing). Is it fair to not allow a tenant to join on a future date as you look for damage or roll your eyes at the disposal and cleaning bills you'll be receiving after they have been evicted?
Brittaney Savannah Corder last I checked discrimination against evicted tenants is protected. You can treat them differently if you treat all evicted the same.
Brittaney Savannah Corder just document why and you are good, we don’t have to be dumb and put our selves is dangerous situations or avoid or duties. We can do things differently, just get your notes saying why
I dont know about that. If they are being evicted, they have lost their right to tenancy. I wouldnt ask them to join you. Do the lock out and evaluate later.
Tenants present at walk through after they have vacated doesn’t really add any value for us or them. All we are doing at that time is documenting the objective condition which has no discussion at all. There is no discussion about who caused what etc.
An eviction is not entitled to a walk through. They are ordered to leave at the time of the eviction by the law enforcement officer and are expected to surrender possession at that time. I always do the lockout and then will go back after the evicted residents are off the property to do a final inspection.
I will also add that it depends on which county/state you’re in. Some counties require you provide 24-48 hours (or a different specified amount of time) for the evicted residents to return for their items if they wish. If that’s the case, which it was at my old property, I would do an inspection after the residents left at the time of the eviction and then a final inspection after the required time period.
Ashley Paris in harris county, tx (houston) after a writ is executed if the resident comes back onsite, they are arrested for trespassing. the constable tells the resident in no uncertain terms they leave immediately or go to jail. they dont give a damn about the resident getting all their belongings all goes onto the curb off property grounds. resident had more than enough time and knew it was coming. our constables in precinct 5 do not play...
Christi Anderson I love that. It poses such a threat to have them able to return for their belongings. My father and brother were/are deputies in Harris County. It’s definitely a different world there. ❤️
1. I’ve never had an eviction ask to do a walk through
2. I would say they lose that right based on the circumstance. Charge for damages and document everything.
It’s good practice to the move out inspection with an eviction. In most states it is not required that the tenant be present at the inspection. But the tenant has the right to dispute the inspection, usually, within 5 days of receiving. In the event of an eviction, you can usually amend the damages after the court hearing - there an appeal process. The damages need to be extraordinary for the judge to consider the appeal (concrete in toilets, dead fish inside of walls, nails in the pipes, etc). If the damage is extensive you can file a civil suit. This all varies by state and county.
For your own safety and security you do not do a walk through during an eviction. As others have stated above most tenants evicted will never ask for a walk through. It may also depend on your state laws. But seriously, I have never had an eviction ask for a walk through.
4 years 11 months ago#35172by Celena Montantes - Mayo
Since most of my evictions are for non-payment, I always give my tenants two options. 1). They can surrender the premise, complete a walk-through inspection, and avoid a judgment but they will still be liable for damages and rent up until the date the unit is re-leased. 2). They can do nothing and we can go through the court system, they will lose their rights to a walk-through inspection, they will have a judgment on their record, and they will still be liable for damages and rent up until the date the unit is re-leased. They almost always surrender the premise, and when they do I have them sign a form agreeing that they are turning in keys to avoid eviction but understand they are still liable for damages and rent.