Tenant Moved - Do I Need to Have Sherriff Execute a Writ of Possession?

[dmwalker]

Hi,

I filed an unlawful detainer action against my tenant for non-payment of rent and was awarded a judgment at trial (it was a contested case). At the trial the tenant (defendant) indicated that she had moved but had some personal property remaining at the premises.

My question: since she is no longer living at the premises, do I need to have the Sherriff execute a Writ of Possession to reclaim the premises, or can I simply reclaim on the basis of my judgment and the fact that she's moved?

 

[mightymoose]

You can take possession of the residence, however you will become responsible for the property that remains. Anything you can do to facilitate the return of the property to the owner will save you a lot of trouble with storage concerns.

 

[vmp363]

I was told by A DJ once that if the unit is abandoned, by all means take posession. We normally post notice on the door immediately that the tenant has 15 (or 30) days to make arrangements with us to remove their belongings. The notice states they will be charged storage fees or rent until the items are removed and if they are not by the end of the 15 (or 30) day period, the notice says they will be treated as abandoned and disposed of as we see fit. I think PA law says you have to give them a "reasonable " amount of time before you treat them as aba
ndoned. After that time, we dispose of them, or yard sale, or give away. Just keep copies of the letter and note when and how you posted.

 

[Gail_in_Georgia]

The OP indicated that their rental property is in California, not Pennsylvania.