Storing of tenants abandoned property

General Landlording & Rental Properties
9yFollow

Storing of tenants abandoned property

Michael Taborek
Monroe, WA · Member since 2017 · 3 posts · 0 votes

i am curious about some processes behind the storing of tenants personal property left after the tenant leaves.

I came into an odd mishap at my rental this past month, we had an issue with an uninhabitable situation in the home where we had to get the tenants to a new home and break lease. We helped them find a place and returned their deposit and gave them that months rent off in full, we also paid for their application fees and moving expenses for the new place.

They tenants left stuff in the home and asked if it could stay for a few weeks, I agreed and told them a date that ends next weekend. In the weeks prior to this, I talked to the tenants about returning the keys, paying their two month behind water bill (water was shut off) and having a plan to grab their items.

I was met with silence a large portion of the time or a simple one liner text stating we will get to it... I then messaged them via text after I receive a nasty message and they blocked me... At that point based on the fact it had been several weeks of no contact or plan, non payment of water leading to shutoff and them ignoring me and not returning my keys. I deemed it as abandoned property and notified them again by phone and email (which they did not answer) that I would be storing their items per wa state legislature section RCW 59.18.310 regarding abandoned property. 

In this i have safely moved and stored their items and have sent a letter telling them of this via certified mail with a 45 day period to reclaim their items at the cost of storage. Just about three hours after I had stored the items and paid for the unit... The tenant sends a text saying they want to pick up their stuff from the home... 

Now here is my question...

1. Am I in the right for considering the tenants have abandoned their property, after ignoring me (blocked my phone) and constantly not answer calls or messages? 

2. Am I not following proper procedure for storing of items in consideration to abandonment when I myself texted them telling them they do indeed have a few weeks to come grab their items and I have ended that period several days before hand. As it pertains to question one, they no longer live there, water is turned off and They had never made plans nor made intentions to pick anything up for several weeks and ignored my calls and texts (by ignore I mean blocked)

The big question is since I gave them a time frame in writing and have ended it a week early due to inactivity and the blocking of my phone. I assumed they were in abandonment of the property as they wished to not contact me about it and never gave me plans of action for the items to be picked up. Along side they had told my neighbors when they initially moved out that they don't want what was left behind. 

0Reply
40 views

4 Replies

Jump to latestLatest
  • Matt W.
    Rental Property Investor · Los Angeles, CA · Member since 2016 · 57 posts · 34 votes
    9y
    Disclaimer - Not a lawyer, unfamiliar with your state laws I have dealt with this type of thing in CA. We have a similar process to identify abandoned items (over a certain $ threshold) and we have responsibility to safeguard them for a prescribed number of days after notifying the tenant who left the items. In your case, I see a problem with the initial notification process (phone and email). In CA that has to be written and mailed. Other than that you seem to be following procedure properly. Furthermore, you're setting yourself up for a loss in small claims by assuming things about being blocked and moving the items a week early without proper notification. You knew where they lived, a letter with delivery confirmation by USPS could have covered everything. I would not trust anything this tenant says, it sounds bad to begin with that you had to break a lease, store their items, not follow procedure, have them block you, and then have them come out of nowhere for their stuff. On top of that you're asking the question here. Having them get the items is best. Resetting the abandonment timeline by mailing them a letter and following your state laws might work as well but will take time and cost storage. Throwing their stuff out and being sued in small claims is risky in this case, but still an option. Good luck.
    0Reply
  • Brandon Raeburn
    Brooklyn, NY · Member since 2017 · 63 posts · 30 votes
    9y

    You must consult a lawyer within in your state immediately. 

    1. Matt hit it on the head, you needed to send the notice in writing. Though this may be a state specific action which is why I said contact a lawyer.

    2. Because of not sending the written notice you may be liable to pay the storage fees for improper procedure.

    3. I am not a lawyer, but pretty sure if the ex tenant refuses to pay the storage and files suit, you'll lose.

    4. You could tell the ex tenant to pay the storage fees to get there property and see what transpires next. 

    Good luck

    0Reply
  • Michael Taborek
    OP
    Monroe, WA · Member since 2017 · 3 posts · 0 votes
    9y

    I did send a certified mail just yesterday before moving said items, this was all before this text messages they sent to me saying they want to pick stuff up. 

    The paperwork in question was an intent to store telling them that due to the fact that they have not been able to be in contact with me for a set number of time and they have cut off communication with me, I have no choice but to safeguard their items in a storage unit. 

    The timeline i gave them initially was just an option for them, not in legal paperwork signed at all. They had asked if they could save it in the garage and I told them for a few weeks and gave a final date based on my contractors start date. For many reasons of they blocking me, not messaging me back and constantly refusing to get a plan together or relinquish the keys back to me after the final move out, is the reason we moved it early. Since the following weekend I will be working all day and have no time to move it out before the construction starts. 

    0Reply
  • Michael Taborek
    OP
    Monroe, WA · Member since 2017 · 3 posts · 0 votes
    9y

    in addition to my statement, I had a conversation with a wa state lawyer who told me that I should send the letter, I wasn't able to get one together and verified by him till Friday after noon. He told me based on The facts:

    Unpaid utilities

    Change of address

    Move out of liveable items

    Lease break

    Blocking of communication

    With all of these circumstances I could consider them to have abandoned the property and can move their items to any safe storage location or simply keep it I'm my property if I choose. I would just need to send a certified mail when the job is done, earlier or at the maximum same day the items are moved.

    Out of the woodwork they came, I don't mind them coming to get their items, but I had spent a few hours boxing and inventorying items and getting them safely moved. I would just expect them to pay for the storing of items which comes out to about $254 or so.

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free