Rental Property Investor · Muskogee, OK · Member since 2016 · 41 posts · 14 votes
Jail so looking for some quick advice... Long story short my Tennant got arrested for some sick stuff and if convicted will be gone for a while. 100k bail if that tells you anything. A warrant was served and the door got kicked in so I would assume the case is pretty solid, especially after talking to the victims family. Anyways it's a duplex and the apartment is infested with roaches and every other insect there is. His family apparently came and got what they wanted but major stuff is left like clothes, couch, fridge ect. They are all full of roaches. So my assumption is to give him his 30 days of notice but with it being a duplex it's causing major problems with the other Tennant. I have exterminator coming tomorrow but would really like to have all the stuff moved out. Exterminator said I'll be spinning my wheels untill I get the stuff out. I won't be able to meet with him for a while as the jails visiting ours are very limited and I still have a full time job.
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
10y
I'd guess he won't pay July rent on time, so just go through the eviction process for nonpayment of rent for July. If he's paid through June, I doubt you can take over the property and throw his stuff out yet.
By the way, you really should have a regular pest control service come out every month, and do inspections every 6 months, so you'd have pest problems under control.
Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
10y
Check your state landlord tenant law under abandonment. Were they behind on rent at all?
Had a peach get hauled off last year. I declared the tenancy and property abandoned, posted notice where to get their stuff and kept it for up to 30 or 45 days.
Parents got the stuff within a few days and thanked me. She was behind, though so check your laws.
Note Investor · Orlando, FL · Member since 2016 · 135 posts · 79 votes
10y
If it's any consolation @Jesse Scroggins, I learned the pest control lesson as well. Sorry about the novel; I just started typing and couldn't stop. Too many dark chocolate covered espresso beans late at night.
There are definite abandoned property rules you have to follow and each state can be different. Just because they haven't paid rent doesn't mean the property is abandoned. Especially this guy. He has an excellent reason for not being able to clear his stuff out of there; he was arrested. Does your lease address abandoned property? This is a good time to speak to an eviction attorney in the state the property is in. Don't mess with this. The challenge happens when they return, find their stuff gone, scream theft and suddenly they had all these other valuables that were also in the suite that are suddenly missing Mr. Landlord. You may find yourself buying a new TV and jewelry for Mr. Scumbag and facing some heavy fines. Also, ask the attorney about any notice you have to give. Not sure what is in your lease; make sure you have a copy of it when you sit with the attorney.
You stated his family came and got a bunch of his stuff. Did they do this WITH your authorization? I hope not. The correct answer is either NO, they entered in through the broken door or NO, they had a key. :O) And if you have any pictures or evidence that the family came and took stuff, keep it; you might need it.
You should be able to go there and remove the food as a means to control the pests and prevent an health hazard and to protect your property. Again, a discussion with an attorney is appropriate to have BEFORE you remove anything. Go with a friend and a police officer with video camera and have your friend video you entering the property, videoing each room and then taping you removing all food from the premises. Power could be an issue as well as the utilities are probably in his name. If he is away, they will be cut off for non payment. I would consider putting them in your name so you can protect your fridge (if it can be salvaged - German roaches can get in the back of appliances and destroy them). Actually, you stated the fridge was his. Still you don't want that left closed without power.
Regardless of if you are spinning your wheels or not, get the pest guy in there and treat. Tell him to feel free to treat the personal property if appropriate (example, roaches love cardboard so if there are cardboard boxes, spray the outside of them. If they are German roaches, a few days after treatment, you have to go in and clean up the dead bugs. And don't just sweep them up and put them in the garbage - get rid of them. With German roaches, though the adult is dead, their eggs, which are attached to their body, will still grow and hatch up to 2 weeks later. That is why they are such a bugger to get rid of. Work a deal with the pest guy knowing he is going to come back several times, every 2 weeks, to treat again until it's under control. Most have a fee for initial inspection/treatment, a fee to rid of an existing infestation and then as needed and quarterly for the year. Have him treat the other suite inside and out as well. You need to get to the point where there are only non producing babies and no adults before you can get this under control.
Our tenants are responsible for pests too but we do it a bit different. We have a great deal with our pest guy. $250 for the year. $100 for initial treatment and $150 for the rest of the year. He comes as the tenants require or quarterly if they have no issues. We pay for the initial service ($100) and they pay for the year (150) but we charge them at lease signing. Every year, it's another $150, not $250. If the tenant leaves, they must have the place professionally treated when they move out. The new tenant moves in with no lapse in rent, we don't have to pay $100 for initial treatment because it's under control. We collect $150 from the new tenant and pass this on to our pest guy and we have no more pests and our pest guy never worries he's not going to get paid!
Real Estate Investor · Chicago, IL · Member since 2014 · 286 posts · 159 votes
10y
I had a tenant that abandon and I got rid of everything asap. They don't come back. If they did, I'd throw $100 at them and send them on their way. Beats fooling around with eviction court and the money in lost rent, etc. I'm not advocating this if you aren't comfortable. But the guy isn't coming back. Move on.