Tenant that is using house for storage

[Michael Sontheimer]

Hi everyone. I recently acquired a duplex. On one side, one of the tenants that has been there for many years has slowly filled up his living room, one of the bedrooms, the basement and the ENTIRE garage with stuff. It is not trash, it is simply 'stuff'. In the house it does not pose an issue. But the basement and the garage (which is supposed to be half for one unit and half for the other) being full I have a problem with.

My issue and reason for this post is that the previous owner gave the tenant permission to store his things and there is nothing written in the contract regarding the topic. I know I will be the 'bad guy' by telling him that he needs to move his stuff out of those areas. That does not bother me so much. But I would like a professional and/or legal way to enforce it when he tells me 'but the last owner said I could and there is nothing in writing saying I have to remove it'.

Any help on the topic is greatly appreciated!

[Patricia Steiner]

"The last owner said I could..."  I recommend telling him that the last owner made no provision in the lease or in your purchase contract to allow the storage.  I would also say that as the owner of the property, you have to obligation to ensure that both duplex tenants have equal right to the property and that the space is used in a way that allows safe entry and exit.  Even if the other tenant doesn't mind, you cannot set-up a condition that the next tenant might find invasive or that will not allow you to fully market the property. I would also give him 10 days to remove the excess - not only in the garage and basement but also in the other parts of the house. Your ability to properly service the property for pests or detect leaks, flooring issues will be impeded by his using the property for storage.  

I wouldn't ask him where it all came from or what his intent for it all is because frankly it doesn't matter. It just needs to go to a storage facility.  One question? Does he have renter's insurance?  It really needs to be a requirement considering that the value of the contents would (hopefully) be more than that of an average tenant.

And, kudos to you for addressing this before it becomes an issue to a tenant or someone gets hurt/property damaged.  May the force be with you...