Tenants stayed in rental after eviction, am I screwed?

I evicted tenants and went to Europe for business, my notice was fairly short and unexpected. I had a verbal from the tenant that they would be out of the house by the court ordered date of one week. I evicted both tenants on the same day, it’s a single metered duplex which means I am paying electric. I just arrived back in town after being away for a month only to find my bill $900. I drove by the properties and they are still there living it up giving me a hard time and saying they are not leaving.

Since it’s been a month since they were evicted do I have to evict them again or can I get the cops to shoot them or something?

This has happened to me. It was some years ago, hired an attorney, went to court, the tenant was ordered evicted by court order as of 3-15, and was still there the middle of April when I got around to checking on it.

My fault for being lackadaisical.

The attorney handling it at the time, told me the next stop is the “marshalls” who can legally come and throw the tenant and his stuff out onto the streets, and i could change the locks. Unfortuately, for me at the time, there was a backlog of over 30 days with the marshalls.

The other thing I could think of is you can probably legally turn off the utilities with the eviction order. You might consult an attorney on this. Where I am, without utllities, the city can then order them out, by the police, for health and safety reasons.

At this point, if I were you, get an attorney for the next step.


There are two steps to an eviction: the eviction hearing and the setout. You completed the first step but not the second. After a person has ripped you off in rent, taking their word that they will be out of the house by a certain date is just naive. Here in Ohio, after the eviction hearing, the landlord must file a writ and pay a setout fee to have the tenant setout. I always do that immediately after the hearing. Once you do that, the clock starts ticking on the setout. Here in Ohio, the law requires the court to set out the tenant withing 10 calendar days.

You need to contact your lawyer today and get the proper paperwork filed to setout these deadbeats!

Good Luck,


So would I also contact the sherrif to have them evicted?

Yes, I would contact your local sheriff’s office and find out how they handle there lock out procedures on eviction. They do these routinely and will most likey want a copy of the judgment. Every state differs on there time frame and procedure.

For example In California it is a 5 day lock out at which time you have to meet the sheriff and physically change the locks. The tenents then can make arrangements to come back and pick up items( valued at $200.00 or more) with you present. Holding fees can be applied.

In Alabama you meet the sheriff but then you the landlord must actually empty the tenents belongings out of the house while the sheriff remains! ( So now we have to be furniture Movers)

In the future you might consider designating someone ( Wife, Brother etc,); as an Agent that could meet the sherrif in the event that you can not personally be present.