What do with tenant's stuff after eviction

Question

I have the constable coming out to one of my properties later this week to kick out a squatter. My question is around the squatter's stuff. What obligations do I have to the squatter's stuff? Can I throw it all away? Is there a certain amount of time I have to keep it? What do you recommend?

Account Closed · Answer

Here is what I found in the PA Code. Thanks for the help. It looks like you can dispose of the possessions after 10 days if you do not hear back.

Section 1.  The act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, is amended by adding a section to read:

Section 505.1.  Disposition of Abandoned Personal Property.--(a)  At the time a tenant has relinquished possession of the real property, the tenant shall remove from the premises all items of the tenant's personal property. For the purposes of this section, a tenant shall be deemed to have relinquished possession of the premises upon any of the following:

(1)  Execution of an order of possession in favor of the landlord.

(2)  If the tenant has physically vacated the premises, removal of substantially all personal property and the providing of a forwarding address or written notice stating that the tenant has vacated the premises.

(b)  Upon relinquishment of the premises under subsection (a) and the acceptance of possession of the real property by the landlord, the tenant shall have ten days to contact the landlord regarding the tenant's intent to remove any personal property remaining on the premises. If the intent is conveyed to the landlord, the personal property shall be retained by the landlord at a site of the landlord's choosing for thirty days. If no communication is made to the landlord within ten days, the property may be disposed of at the end of the ten days at the discretion of the landlord.

(c)  If personal property remains on the premises following the relinquishment of the premises by the tenant, the following shall apply:

(1)  If there is acceptance of the real property by the landlord under subsection (a)(1) and the writ or order of possession contained notice of the provisions under subsection (b), the landlord shall not be required to provide further notice to the tenant.

(2)  If there is acceptance of the real property by the landlord under subsection (a)(2) and the lease or lease addendum contains notice of the provisions under subsection (b), the landlord shall be required to provide written notice to the tenant that personal property remains on the premises and must be retrieved by the tenant. The notice under this paragraph shall give the tenant ten days from the date of postmark of the notice to notify the landlord that the tenant will be retrieving the personal property. If the intent is conveyed to the landlord, the personal property shall be retained by the landlord at a site of the landlord's choosing for thirty days from the date of postmark of the notice. If no communication is made to the landlord within ten days, the property may be disposed of at the end of the ten days at the discretion of the landlord.

John Underwood · Answer

My constable requires everything be set on the curb. You can't throw it in dumpster unfortunately.

You can bag it up to make it easier to carry outside.

The constable has to stay there until house is emtied out so you need to have a crew their to carry out the stuff.

Then everyone will come pick through it and make a mess.

Then you have to haul off the junk and clean up all the debris.

John Underwood · Answer

The reason they make you put it on the curb is they don't want you just taking their stuff or throwing it away. It theoretically gives the person the opportunity to come get their stuff from the curb. Once the constable drives away all bets are off. People will come take whatever they want and make a mess digging through the stuff.

Call the Constables office and find out the requirements. You are likely expected to bring a crew to move the stuff out unless the people are there and they are capable of getting their stuff out.

I would also try and offer the person a few $$ in exchange for getting their stuff out and leaving the house empty and in broom swept condition. You having to pay someone will likely cost you more money.

Account Closed · Answer

@Aaron Klatt I understand there is potential liability; however, I am not asking for legal advice. I just asking for people to share stories of prior experience. @John Underwood thanks for sharing your experience. Not sure if I can leave it on the curb, but I can ask the constable.

Dick Rosen · Answer

That's a state specific question, in AZ we have to inventory it and hold it for 14 days.

Aaron K. · Answer

If it was in CA you would have to store the property for a certain period of time then sell it.

Peter M. · Answer

Local property code will dictate this. You need to figure it out before the constable gets there though because there is a lot of potential liability. You say squatter but the law may view him as a tenant and there may be different rules you have to follow depending on which. If in doubt follow the stricter law.

Aaron K. · Answer

This isn't something I would leave to Bigger Pockets forums the laws vary widely by state so it would probably be best to look up the law or talk to a professional in your area, (not over the internet) who knows what they are talking about.

What do with tenant's stuff after eviction

Most Popular Reply