Would you throw out your tenant's personal belongings?

Question

Read this: https://www.newsweek.com/landl...

Different states have different laws, but I wouldn't throw away items of value! If it were me, I would have placed these items in storage and only returned them when the Tenant paid me what was owed, to include moving and storage costs.

What does your state allow and what would you do?

Theresa Harris · Answer

If they don't care enough to take it with them or let me know they will be back in a day or two to get it, then I have no problems giving it away or throwing it in the garbage.  I've found there are a lot of groups and people who will take the items.  It can be as simple as putting it on the curb or dropping it off at a charity.  Anything that is trash...well that goes to the dump.

In the article they say "it allows landlords to act the instant a tenant does not vacate a home after the time frame allotted in an eviction order."  The tenant knows what the date is and has time to move out.  It isn't like they show up without lots of notice and they don't know they are being evicted.  It may sound harsh, but they know what is coming and should have moved their belongings out before then. If they didn't, they have no one to blame but themselves.

Joshua Janus · Answer

In Ohio, you need to first make a legitimate contact to the tenant and provide them a reasonable opportunity to reclaim their belongings. After that, you can throw out or sell the items as you wish.I would probably stay consistent with this route as there isn't much room for other options after you have already contacted the tenant and received a null response.

Theresa Harris · Answer

Because I tend to avoid photos ;)

The two times I had to evict someone, there was plenty of time and opportunity for them to come and take stuff.  Even though they owed me rent, I wouldn't have sold anything that was important to them (eg family heirloom) just to get the money I was owed.  Of course one of the ones I evicted had no problem selling stuff that was mine, but that's another story.  Learn from the past to avoid repeating the same mistake, but look forward to the future.

Joni Chin · Answer

@Nathan G.

Yup exactly! —this was a co-worker and friend of my husband, who was a little quirky, but seemed nice enough. About 10 years ago he asked us if he could store his furniture for a few days as he was having trouble with his  roommates, and was looking for another place to rent. One day my husband goes to our storage space under the house and finds friend sleeping in there! That should have been the first red flag lol. But we made the mistake of offering him the space, which he eventually made into a nice little “room” and started paying us rent and fixing things around the property. But that eventually escalated into “unauthorized” modifications to our property and that resulted in  crazy and passive-aggressive behavior when we started to object. 5 years later the drama started—confrontations, restraining order, police visits, but eventually we got him evicted. He even tried to counter sue us for 10k saying that we owed him for all his  “work” on our property. After a few years we realized he had some mental illness so we tried to give him a break but that was totally the wrong thing to do. It only extended our misery. The one good thing we got out of it is that we have a cozy little “man cave” “she shed” (?) now.

Now all we need to do is dig another 2-3 feet down, and add some drywall, new floors and put some plumbing in and turn it into another rental unit. :)

Justin V. · Answer

@Matt M.

Yep. 28 days technically. After that Minnesota landlords can sell the possessions, but must notify  the former tenant 14 days prior to the sale and return anything that goes above covering landlord damages must be returned to the former tenant if they ask.

Minnesota statute below for some fun reading.,

504B.271 TENANT'S PERSONAL PROPERTY REMAINING IN PREMISES.

§Subdivision 1.Abandoned property. (a) If a tenant abandons rented premises, the landlord may take possession of the tenant's personal property remaining on the premises, and shall store and care for the property. The landlord has a claim against the tenant for reasonable costs and expenses incurred in removing the tenant's property and in storing and caring for the property.

(b) The landlord may sell or otherwise dispose of the property 28 days after the landlord receives actual notice of the abandonment, or 28 days after it reasonably appears to the landlord that the tenant has abandoned the premises, whichever occurs last.

(c) The landlord may apply a reasonable amount of the proceeds of a sale to the removal, care, and storage costs and expenses or to any claims authorized pursuant to section 504B.178, subdivision 3, paragraphs (a) and (b). Any remaining proceeds of any sale shall be paid to the tenant upon written demand.

(d) Prior to a sale, the landlord shall make reasonable efforts to notify the tenant of the sale at least 14 days prior to the sale, by personal service in writing or sending written notification of the sale by first class and certified mail to the tenant's last known address or usual place of abode, if known by the landlord, and by posting notice of the sale in a conspicuous place on the premises at least two weeks prior to the sale. If notification by mail is used, the 14-day period shall be deemed to start on the day the notices are deposited in the United States mail.

Subd. 2.Landlord's punitive damages. If a landlord, an agent, or other person acting under the landlord's direction or control, in possession of a tenant's personal property, fails to allow the tenant to retake possession of the property within 24 hours after written demand by the tenant or the tenant's duly authorized representative or within 48 hours, exclusive of weekends and holidays, after written demand by the tenant or a duly authorized representative when the landlord, the landlord's agent or person acting under the landlord's direction or control has removed and stored the personal property in accordance with subdivision 1 in a location other than the premises, the tenant shall recover from the landlord punitive damages in an amount not to exceed twice the actual damages or $1,000, whichever is greater, in addition to actual damages and reasonable attorney's fees.

In determining the amount of punitive damages the court shall consider (1) the nature and value of the property; (2) the effect the deprivation of the property has had on the tenant; (3) if the landlord, an agent, or other person acting under the landlord's direction or control unlawfully took possession of the tenant's property; and (4) if the landlord, an agent, or other person under the landlord's direction or control acted in bad faith in failing to allow the tenant to retake possession of the property.

The provisions of this subdivision do not apply to personal property which has been sold or otherwise disposed of by the landlord in accordance with subdivision 1, or to landlords who are housing authorities, created, or authorized to be created by sections 469.001 to 469.047, and their agents and employees, in possession of a tenant's personal property, except that housing authorities must allow the tenant to retake possession of the property in accordance with this subdivision.

Subd. 3.Storage. If the landlord, an agent, or other person acting under the landlord's direction or control has unlawfully taken possession of a tenant's personal property the landlord shall be responsible for paying the cost and expenses relating to the removal, storage, or care of the property.

Subd. 4.Remedies additional. The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. The provisions of this section also apply to occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired.

Mary M. · Answer

for folks that are saying the tenant had plenty of notice - so obviously they are struggling....  maybe some are jerks but maybe some are really in a hard time and just dont have the ability to do everything as you would like. Throwing away or giving away someones personal items just because you can is another reason why LLs are enemy #1 of the people.    Its possible to be a decent human *and* make money

also, i would never hold someones item "hostage" to get back rent.   that is just cruel. Esp if it is how someone earns their living (computer, etc)

Matt M. · Answer

@Justin V.

If you don’t hear from them, you still have to store for 30 days?

Matt M. · Answer

@Nathan G.

Here In Pa, tenants have 10 days to make arrangements for me to hold their stuff a maximum of 30 days.

I have and will continue to call my Cleanout guy when legally within my rights.

Bud Gaffney · Answer

@Nathan G. Following! Thanks for starting this

Linda S. · Answer

@Nathan G.

In Virginia, the law is that you legally have to put everything of the tenants on the curb/street in front of the house.

It sounds harsh, but that's what it is-- the landlord is suppose to put everything out to the street/curb for I believe 10 day, so that way if the tenant left anything they can pick it up without entering the house.

Would you throw out your tenant's personal belongings?

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