They Were Set-Out in the Morning & Moved Back in the Afternoon

eviction

It happened this week. It was our second full eviction in 4 years. We secured the eviction, waited the legal time, and filed the writ of possession. The next step was to meet the constable on the property and bring a labor crew, which we did.

The tenant’s contents were removed from the house and set by the curb. The locksmith changed the locks and everything was finished. So we thought.

The next morning, the labor crew went back to the property, as is routine, to haul away any items the tenant may have left behind. What we found was nothing to haul away which seems suspicious, as it is common that something would remain for the labor crew to haul away.

The labor crew’s supervisor went to a window and peered inside. What he saw was unbelievable and a first for our company. He saw the tenant had moved back in. The supervisor called our property manager who was in charge of the eviction. The property manager went to the house and knocked on the door. The tenant met him at the door and let him inside.

The tenant had not only moved back in, but also had re-hung all of his pictures on the walls and his clothes on hangers. Our property manager also noted that even the magnets were re-attached to the refrigerator.

We were left with nothing else we could do but call the police. The tenant could have been taken to jail and charged with criminal trespassing. We opted not to have him taken to jail. The police told us to call if the unauthorized occupant so much as placed a foot back onto the property. The tenant remained off the property, but on the street, and watched as we removed all of his property, loaded it onto a trailer, and hauled it away to the dump.

It’s sad. I know. We did not have to leave the content on the property during the first time it was taken out of the house. It was left as a courtesy so the tenant can have an opportunity to recover. This time we had no choice.

NOTE: It is never a surprise to anyone when a set-out is about to happen. The tenant is notified by the courts and again by the constable’s office. Why tenant sometimes ignore the notices is unknown. I have noticed that sometimes tenants seem to live in denial when things happen that seem to be out of their control.

Until next time,

Cary

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