what to do with tenant stuff

[Joel NA]

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]

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.