Voluntary surrender of property?

[titansfan1234]

What is the name of your state (only U.S. law)? Tennessee

My tenants and I were in court on Monday and they were given 10 days to move out. After court, the tenants told me that they no longer reside at the house and utilities were cut off three weeks ago. (Thus proving that no one resides there) After walking through the house Monday evening, I saw that they are basically just using it for storage. Would their admission and termination of utilities be considered a voluntary surrender by the tenant? If so, I would begin rehab. I don't mind storing their remaining items for them to claim, I just want to get in to the house and start repairs.

 

[FarmerJ]

You know what really stinks about this for you is if you go on in and make repairs while they have access you risk that they could damage the place, you risk that they will run back to court and claim you are violating the courts order. Its sort of a shame that you did not bring to court something to show the utils as off , like statement from the elect util that the service has been off since _____ , same w gas & pics to show that it appeared no one was actually living in it. SO heres what you can do , wait it out, when day ten passes if they still have any junk at all in the unit then go do next step get writ of restitution (if it was not automatically given to you ) and get it posted and follow thru the rest of the steps.

 

[Searchertwin]

What is the name of your state (only U.S. law)? Tennessee

My tenants and I were in court on Monday and they were given 10 days to move out. After court, the tenants told me that they no longer reside at the house and utilities were cut off three weeks ago. (Thus proving that no one resides there) After walking through the house Monday evening, I saw that they are basically just using it for storage. Would their admission and termination of utilities be considered a voluntary surrender by the tenant? If so, I would begin rehab. I don't mind storing their remaining items for them to claim, I just want to get in to the house and start repairs.

Wait for the 10 days. Tenants are just slapping you in the face when they told you electric was cut off three weeks ago.
So be careful, they are the types that have to have the last laugh.
Change the locks after the 10 days and than start the repairs.

It's not worth it.