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Updated 11 months ago on . Most recent reply
![Patrick Rafferty's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/392789/1621448698-avatar-patrickr11.jpg?twic=v1/output=image/crop=1279x1279@0x0/cover=128x128&v=2)
NJ Property - Tenant Out, Most Belongings Left Behind
My tenant just moved out after a painful experience with her. At the end of her lease she is 3.5 months behind on payment and I'm not anticipating receiving it. NJ is tenant friendly, so she timed it well where the eviction process would've taken until the lease ending anyway.
Her lease was up 3/31 - I was able to get her keys and change locks at 12:30am 4/1.
After gaining access to the property, it seems like she has 90% of her belongings still there. We left off with her "trying" to find time to move it all throughout the following week, with no commitment to a Uhaul or movers. She's one to make up excuses and extravagant stories, so I've had enough.
I am looking to see what I am able to do with the belongings, whether it be trash it all, sell some off or any other avenues that come to mind. This is new to me and I know NJ isn't the best state to be a landlord, so trying to figure out what my rights are.
Secondary question - is it worth going through the small claims process to recover $7,000 from this person?
Thank you in advance
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It's important to study your laws and see what is allowed.
My process:
1. Record a video as I enter the rental, documenting it exactly how I found it.
2. You can usually identify what is junk and what is of value. In most situations, it's almost all junk and I dispose of it as such.
3. If there are things of value - monetary or sentimental - then I may choose to haul those to storage. I document with pictures, give the tenant instructions on how to pay me, and hold the property for XX days (check state law). If tenant doesn't pick them up, then I auction the storage unit off. If tenant does want to retrieve their items, they have to pay me the unpaid rent, moving and storage, and whatever else is owed.
There's more to it than this. Again, you can typically walk through and see that what they've left is junk they couldn't fit in their car. It's usually safe to say they don't want it. Empty the unit and start looking for a new renter.
- Nathan Gesner
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