When can I get my tenants out of the house after serving notice?

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My tenants haven't paid for May. After I served them a 3-day notice they say they are having the house condemned for mold. I gave them a 48 hour notice to enter and they refuse. I have a court date on the 18th of June. The tenant said they will leave on the 15th and expect their last month rent and deposit back. He has also threatened me to get a total refund of all monies paid. He hasn't paid for over a month and will be getting 1 1/2 months of rent for free. I saw they are tearing up the ceiling on a leak mark of over 5 years. I am afraid they will destroy my house. Do I need to give them back their last month rent and deposit? What about the court costs? I think they trouble, she has lost 2 nursing hospital jobs in 3 months. Help!

Attorney Answer

1
Joyce Schwensen ·
I am sorry to hear about your situation. Bad tenants can really hurt a landlord. I assume that your hearing on the 18th is a show cause hearing, and if they don't come to the hearing or don't have any valid defenses, then you will get a Writ of Restitution, which is an instruction from the court to the Sheriff to go physically evict the tenants. The Sheriff has no specific deadline by which they have to do this. You just have to wait for them to get around to it. Once they physically evict the tenants you will have the property back, but presumably it will be damaged. You can ask for a judgment against the tenants for your damages, but they could be judgment proof. As for keeping their last month's rent and deposit, that depends on the language of your lease. You also have to comply with the residential landlord tenant act, which has some strict requirements for keeping tenant deposits. For example, if you and the tenants didn't sign a checklist detailing the condition of the property when they moved in, then you cannot keep any of the deposit based on the condition of the property when it is returned to you. You also have to have kept the deposit in a separate bank account separate from your own money, and they have to have been informed which bank it is in. And you have to given them a written itemization of the reasons you withheld the deposit within 14 days after they move out. There are other requirements as well. I think it would be worthwhile for you to consult with a qualified attorney to determine whether you can keep the deposits, and make sure you follow all the correct procedures if you have a right to keep some of the tenant's money. Joyce Schwensen DISCLAIMER: This answer does not constitute legal advice nor does it form an attorney-client relationship between the questioner and responder. You should seek competent legal counsel in your jurisdiction to address any specific legal concerns you have.
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