If someone’s under eviction and they move out in the middle of the case…. Do you just go in and dismiss it and send to collections?

I’m having a moment lol.
If someone’s under eviction and they move out in the middle of the case…. Do you just go in and dismiss it and send to collections?

That’s what I’ve always done!

Hey Jesus! It depends if they came to turn in keys or abandoned it. If the latter, be sure to post the abandonment letter. Be sure to check with your Regional, some companies will let the case go through, others will move out and dismiss.

Same here

Take that back, I misunderstood the original post! If the person has turned in keys and provided something in writing stating they have officially moved out, we have dismissed the case and sent to collections. If they APPEAR to have moved out, but you don’t have keys or aren’t sure, I’ve always posted a notice of abandonment (ours have typically been 72 hours). If the court date is before the notice is up, we just move forward with the judgement. If not, we wait for the requisite time after posting the notice, then change locks, dismiss, and send to collections.

Regardless of what we do, we document and put as much in writing as possible (take a picture of the abandonment notice posted to the door both on the day it is posted and the day the time is up and include a date and time stamp, if possible).

I would confirm the legal requirements for your area, because it may be different. And you may even be able to reach out to your precinct/courthouse to confirm some of those details, too!

I go ahead with it to get the judgment of possession just in case they try to move back in. I've heard of that happening at another property so I guess I'm gunshy on dismissals

Same! Unless they signed to return keys or sent something in writing saying they are moving out… I would continue with the eviction

Still go to court so there’s a judgment placed against them.

Still get the jusgement and have the lockout done. Worth the few extra days so they cannot say they were just on vacation

I have done it both ways. If you have checked the home and they are 100% out. Change locks asap if you choose to process as a skip.

If you don’t have keys, I’d move forward.

Go to court so it shows up as a judicial eviction on their credit report.

Keep moving forward with it.

We continue unless keys are given back/possession is given back. Until then, the process continues

Timing is important. If the Judgment has been signed we proceed and we let the sheriff know we believe it's vacant. If the Judgment has not been signed we notify our attorney that the apartment has been vacated. Usually he asks if they turned in keys, procession left in the apt do not exceed $1000 aprox. and utilities are out of the residents name. If the attorney gives the go ahead we take it.

Yes, to protect the property!

Yes. It’s pay or move. But just bc they move it doesn’t release them from the debt. Change the lock, thoroughly inspect the apartment for damage, then close their account and forward them to collections

If you pay the back rent, The landlord showed that it's paid but it's not dismissed.. It will be on your record.. If you don't pay if you don't go to collection anyway

If they turned in keys, you can dismiss and send to collections. If they did not provide keys, you can post an abandonment notice, wait the 48 hours and then send to collections.

We usually let the judgement go through and complete the eviction process. Our attorney advised us that’s what’s best so you can say you did everything legally on your end.

Absolutely. You file for eviction to gain possession of your property back. If you have possession, why are you continuing? If you are not sure if they left, not the same thing.

Post abandonment notice. If no response then move out as skip. Charge for what you’ve paid for at court as far as filing fees go. Charge reletting fee, then accelerated rent until new resident moved in. Send straight to collections. This is if the judge has not made judgement already. If it’s before, you move out as skip and cancel the eviction. But if it’s after the the judge made a judgement, it’s eviction- let it go through.

Continue with the eviction. Once we pay the court fee to start the process, we see it through to the end and make sure it shows on their rental history/credit.

it depends on the state if they move out the suit in some states is moot since you have possession.

if they have turned in keys, yes, I dismiss. if not, I go forward with it.

Dismiss the eviction since yiu have possession but still go after the damages portion.

Always continue with the eviction. You filed it, paid for it, went thru the hassle of getting to the point of the eviction. By that point... I'm getting the judgement & they are getting the eviction on their record. Especially if they didn't come in to tell you they were out & didn't hand over keys. For all you know... they are still there. They did everything wrong... you continue with doing everything right.

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