Nov 13, 2014

Is Tenant Really Going to Vacate? Should I Cancel the Eviction Hearing?

Tenants will often promise landlords that they are going to leave by a certain date. These landlords will then ask me what I think about just dropping the eviction and letting the tenants leave on their own.

While it is true, a tenant may just leave the property without actually being evicted. However, it has been my experience that most tenants won't leave until they're forced out. So you may be taking a costly gamble if you stop the eviction process before obtaining a judgment.

Some benefits to going through with the eviction are:
  • Getting a judgment against your tenant is a very valuable tool. It increases the odds of you recovering past due rent, late fees, court costs, and attorney's fees. Plus the eviction judgment can be used to garnish wages, levy bank accounts, or place liens on property.
  • Additionally, an eviction judgment requires the tenant to vacate the property within 6 calendar days from the date of the hearing. If the tenant doesn't leave then you are able to file for a writ of restitution. 
  • Writ of Restitution:  If the tenants don't leave the property after the eviction hearing then we are able to file a Writ of Restitution and a Constable will physically remove them from the house.
  • ANY & ALL OCCUPANTS: An eviction judgment requires everyone, not just signatories of the lease agreement, to vacate the property. I've seen cases where the known tenants moved out and their friends continued living in the property. If you follow through with the eviction then you don't have to worry about this.
Benefits of not going through with the eviction are........