tenant moving, one week notice, still has property in unit

tenant moving, one week notice, still has property in unit

Member since 2018 · 4 posts · 0 votes

I have a rental in Manitowoc WI and have had an interesting time so far in the approximately two months I've owned it.  On December 9th I had a tenant text me that they would be out as of the following Saturday(12/15/18).  So Sunday 12/16/18 I went to the property, and nobody was there but the door was wide open.  Upon inspection the tenant still had table, chairs, random junk, tons of clothes, and garbage strung out across the unit, not to mention a broken window and holes in walls where it appears a body was slammed against.  I texted the tenant asking them why their stuff was not out yet and if they were planning on getting it out among other texts for keys, payments they owe, how they plan on paying for damages, etc.  They have only responded once since then and refuses to answer calls.  They simply responded "Yes I do sorry been busy" to the text asking if they still planned on getting their stuff cleaned out.  

My question to the BP World is can I legally get their stuff out so I can get it ready to rent again?  Can I change the locks since I have written notice of them being out 3 days ago?  I imagine if I do get their stuff out I have to store it for 30 days.  They were on a month to month lease the old owner had them on when they still owned it.  I elected not to make long term leases at the time of purchase since I knew nothing about the renters and wanted to wait until spring to get some history with them and make a lease during a more easily rent-able time of year.  I posted a 5 day on their door yesterday just to get the ball rolling on an eviction if necessary.  I am new to the real estate world and this is my first property.  I have and will learn a lot from this first investment and will make and have made plenty of mistakes already.  I just want to cover my bases and make sure the tenant has no ground to stand on to sue me or counter sue me as I assume I will be taking them to small claims court to get back money owed, which I assume I'll never see.  

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Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
7y

I wouldn't bother trying to get addresses and going to court. You will NEVER, NEVER, NEVER get any money out of these people. Keep that text message saying they will be out. You may need it, but with that text you can consider the unit vacated and the property abandoned. Make sure you LOCK that text message conversation so it doesn't delete.

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  • Rental Property Investor · Salem, OR · Member since 2017 · 696 posts · 660 votes
    7y

    @Kyle Reed Hopefully you have a good deposit  You need to check the laws for your state to make sure but you should be able to consider it abandoned and take possession..change the locks, document what was left and check on the rules for what you have to do (in my state if it is under $500 then take it to the dump or donate it etc, but CHECK YOUR STATE LAWS

    Write out damages and accounting against deposit and keep records, text them a picture of it and save that message thread!

  • Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    I'm curious if they have paid rent through the month of December. Also, what does their last lease state on giving notice? Mine says 60 days notice, and it must end at the end of a month. Most have 30 days notice, which would still make them responsible for January rent. I'd try and obtain a new address for them right away. You may need that to have them served with papers for non payment. 

  • Member since 2018 · 4 posts · 0 votes
    7y

    They have not paid any rent for December and still owe some rent for November.  From what I can find they are required to give a 28 day notice since it is a month to month lease.  I have been trying to get a new address to no avail.  I will send their mail to the address last known and hope there is a forwarding address which will then be sent to me if I send it certified with a request for receipt.  Everything I can find on abandoned property says I can take it and do what I want with it since I have written correspondence from the tenant that they will be out as of 3 days ago.  I will continue looking into it and update when I know what the rules are for sure.

  • Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    7y

    I wouldn't bother trying to get addresses and going to court. You will NEVER, NEVER, NEVER get any money out of these people. Keep that text message saying they will be out. You may need it, but with that text you can consider the unit vacated and the property abandoned. Make sure you LOCK that text message conversation so it doesn't delete.

  • Jaron WallingPro Member
    Rental Property Investor · Indianapolis, IN · Member since 2018 · 4k+ posts · 4k+ votes
    7y

    I completely agree with @Ray Harrell on this one. You invested into terrible tenants unfortunately. Don't expect any of the damages/unpaid rent to be covered. On a positive note at least this didn't happen 6 months down the road! The probability of more damage would be really high. 

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