what to do with tenant stuff

Question

Hello all,

I just took over management of a property that has a deadbeat tenant in it. Lease ends in a couple of weeks. No rent for 3 months-- we're hoping that she moves out peacefully (she's wacko) and we can move on. If she doesn't, what are our options concerning stuff she leaves in the home?

Also, is it legal to keep deposit if she's three months behind?

I've been trying to get a hold of the sherriff's deputy that I've met through my dealings with this person just to make sure I'm doing everything legally. We haven't evicted because I just took over lease is almost up.

Thanks...

Jon Holdman · Answer

I was going to ask why you waited for three months to evict, but then saw the "we just took over".  If May rent has not been paid, I'd post a pay and quit notice TODAY.  No need to wait.  The lease probably has a clause that continues on a month to month basis unless one party notifies the other in writing the lease is being terminated.  So, she could make a claim she intended to say, unless these notices have been given.  You may yet need to do an eviction to get possession of the property.

You really MUST call your eviction lawyer.  If you don't have one, now's a good time to get one.

Typically, you would send the tenant an accounting for the deposit.  You can't "just keep it".  You would list the deposit and all the charges against the deposit.  Assuming it ends up with the tenant owning you money, you send them a bill.

Jon Klaus · Answer

Once you KNOW the stuff is abandoned, throw out the junk and take the stuff of value to a charity like goodwill.

Tim G. · Answer

When I moved into my current place I found enough text books to sell to cover half a months rent.

Run those ISBN numbers before junking text books.  Some are worth a lot.

Joel NA · Answer

Thanks all for the advice....great responses!

I'm sending her a letter today...I may indeed seek legal advice but I'll definitely find out laws here. Good points about starting the eviction process now and proper documentation....

Thanks again everyone! Have a good 3-day weekend!

Mike McKinzie · Answer

The last time I did one of these, I got a Sheriff's Lock Out notice and on the Lock Out day, I moved everything into the garage.  I told the tenant that all they had to do was back a truck up to the garage and take it out and if they didn't, on Monday (this was a Saturday), I would have a dumpster in the driveway and they could remove their stuff from the dumpster if they got there before Waste Management came to pick it up.

The only thing I kept was a very interesting "instructional" VHS video tape.

PS:  They did come empty the garage just as we moved the last of the stuff from the house into the garage.  We also found some interesting "plants" in the backyard!

Victoria Ross · Answer

I too would start the eviction process. If your area calls for it give her a five day notice and if she dosent pay file for the eviction.

Steve Babiak · Answer

I agree with Jon H to start the eviction now.  What makes you think she will just leave when the lease ends?  This one just might have to be forced out, so starting now will get you to gaining possession sooner in the event she just doesn't go.

If stuff is left behind, you should learn how your state requires "abandoned personal property" to be treated - and then follow the laws regarding that.  I agree with the advice to photograph everything that is left behind, with date stamp turned on in the camera. Beware of "reality" advice that you read in forums, especially if that advice runs counter to local laws.

In some areas, once you have a judgment, you can levy the personal property to collect on the judgment via sheriff sale of the personal property.

In the end, you just might get to keep the stuff, just follow the law so that you aren't setting yourself up for trouble.

Rob Gillespie · Answer

Hi Joel,
you gotta check with local laws and regulations. It is not the same everywhere. In my area, they will put stuff on the tree lawn once evicted if they are a tenant. If they abandon the property, you gotta put in storage for a certain period of time. I would do lots of photos and document what you moved and stored. 
Now for reality! When my tenants leave, I leave them a message to get their crap, then I throw away the junk, and give the good stuff to my kids! LOL! No joke, my kids have like a dozen power wheels! My one daughter picked up 5 or 6 new barbies in the boxes. (that tenant I almost BEGGED to come and get her stuff, she was really cool, just made lots of bad decisions. including leaving tons of valuables behind!) Just make an educated decision case by case. You will be fine!

As for the deposit, just justify why you are keepin it, and check you local regulations.

what to do with tenant stuff

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