If fail to vacate by end of 30 days, can we . . . .?

[JMos]

Unfortunately . . .

We don't have an attorney guiding us on this - we're trying to not waste $$, since we're already out a month's rent and court costs.

My main question still hasn't been answered; don't know if it's because those here don't know or if I'm posting on the wrong board - if the tenants change the locks AFTER the eviction notice is granted, can they be charged CRIMINALLY for conversion of property?

Can anyone help me, please?

 

[acmb05]

We don't have an attorney guiding us on this - we're trying to not waste $$, since we're already out a month's rent and court costs.

My main question still hasn't been answered; don't know if it's because those here don't know or if I'm posting on the wrong board - if the tenants change the locks AFTER the eviction notice is granted, can they be charged CRIMINALLY for conversion of property?

Can anyone help me, please?

No they cannot. Now if they reenter AFTER the sheriff puts them out they can be charged with criminal trespass.

 

[JMos]

Unfortunately . . .

We don't have an attorney guiding us on this - we're trying to not waste $$, since we're already out a month's rent and court costs.

My main question still hasn't been answered; don't know if it's because those here don't know or if I'm posting on the wrong board - if the tenants change the locks AFTER the eviction notice is granted, can they be charged CRIMINALLY for conversion of property?

Can anyone help me, please?

 

[Alaska landlord]

When the time comes, show up with a locksmith and the Sheriff. Be thankful they are out. Cleanup and be a bit more careful on who you rent to.

 

[acmb05]

We don't have an attorney guiding us on this - we're trying to not waste $$, since we're already out a month's rent and court costs.

My main question still hasn't been answered; don't know if it's because those here don't know or if I'm posting on the wrong board - if the tenants change the locks AFTER the eviction notice is granted, can they be charged CRIMINALLY for conversion of property?

Can anyone help me, please?

I did answer it.

 

[JMos]

Am I reading this correctly?

Ok - we've had the hearing for the eviction notice - and they have "10 days to appeal". (One of the tenants was arrested at the hearing, for skipping out on a hearing in another state!!!).

The PA law states the following:
"Section 250.513 a) Every tenant who files an appeal . . . . shall deposit . . . a sum equal to the amoun tof rent due as determined by the lower court".

Do you read this to mean that UNLESS they have the $$ to deposit, they cannot file an appeal, as I do?

Also, I really want to know how long they're being given to get out and the law states :
"Section 230.502 Summons and Service 3-b) At the request of the landlord, the justice of the peace [in our case the district judge], after the 5th day after the rendition of the judgement, issue a writ of possession direted to the constable or sheriff, comanding himn to deliver actual posession of the real property"

I read this to mean that 5 days after today (when the hearing for the eviction was held), we can call the district court to get the sheriff to physically remove them from the property. Also, the local cop who was there to arrest the one tenant indicated that if they set foot on the property after the eviction, we can call the cops because they are criminally trespassing; is that true? Should we be changing the locks after 5 days so they can't trespass into the home they were renting????

 

[Ozark_Sophist]

I think that question has been asked and answered if you reread the posts. When the judge issues the writ of possession, the sheriff puts the bad people out. At that time, have the locksmith there to changes the locks.

 

[JMos]

Now - about the Writ of Possession in PA

One more questiion . . . (I tried researching this on the web, but can't find the answer).

On Monday, we can/will file with the court for the writ of possession, which I know must be served on the tenants within 48 hours of the filing. When can we officially lock them out, after this has been served??? We don't believe the tenants are living there right now, but their dogs and possessions are still there.

 

[FarmerJ]

Once you get the writ for possession then have the sheriffs dept serve it, the sheriffs dept will tell you if they want you to notify them of the tenant being in the unit after the time listed on the writ or not. ( follow instructions of sheriffs deputys as to having a lock smith there on the final trip out) If the sherrifs dept goes out after that and finds the tenant in there they will direct the locksmith to carry out the courts order, the locksmith will gain entry and if the tenants are found in side they will be bodily removed. DO NOT change the locks with out that final step unless it is crystal clear the unit is vacant. it is likely that this tenant of yours knows the law very well and uses it to take advantage of as many LLs as they can. meaning that if you dont follow the law they likely will sue you claiming you did a self help eviction anyway.

 

[CA LL]

DO NOT CHANGE THE LOCKS UNTIL THE FORMAL SET OUT/EVICTION BY AUTHORITIES HAPPENS.

Not sure how many more times folks here can answer the same questions asked far too many times LOL.

It is a "process". Your local authorities can probably advise you best as it varies but for example here...once the writ is issued, the Sheriff posts it and the tenant has five days to move on their own, if they don't, the Sheriff dept calls me and meets me at the property..I have new locks to put on (or locksmith) and the Sheriff sets any occupants out and posts an eviction card in the window which clearly states that to return will be criminal trespassing.

You need to sit back and allow the process to happen. And I would suggest NEXT TIME you use a LL attorney firm that specializes in evictions for a flat rate of a couple hundred dollars.

 

[JMos]

Thank You!!!

CA LL!! I apologize for my ignorance ! You say that the Sheriff calls you - are you a police officer, lawyer or something else?

 

[CA LL]

A person in the Sheriff's unit calls to do the lockout. I am what my "handle" says CALIFORNIA LANDLORD.

 

[JMos]

Friday's D Day - MORE Questions!

Well, this coming Friday, the Constable will be coming and removing the tenants - if they're there - and observe us changing the locks to lock them out.

Two more questions:
When can we remove their furniture and stuff - so we can get repairs done and replace the carpets, etc.?

Does the Constable have to be present when we're moving their stuff into storage?

I REALLY appreciate all the help I've received here - and will appreciate answers from those you all!!

 

[LindaP777]

When can we remove their furniture and stuff - so we can get repairs done and replace the carpets, etc.? !!

As soon as the tenants has been removes and the locks changed.

Does the Constable have to be present when we're moving their stuff into storage?

No. He is there to keep the peace (to make sure the tenant leaves the premises with no confrontation).

Check with your state. In Ohio, we set out belongings to the curb. We do not store belongings for someone who is "set out" per judges orders.