tenant disappeared and left furniture

[Zaid Badabwan]

Hello

BiggerPockets is becoming my first source of information, so lots of thanks for everyone contributing to the forum.

One of my tenants in Florida did not pay rent for the last two months and I did not take any action because of the Covid-19 and he promised to pay when I called him. Yesterday, he called me and said that he left a month ago and that there are people in the apartment!! He also said that I can do whatever I want to do.

I ran to the property and got the person inside out and changed the lock. I also made a police report.

Now, he left his furniture and I would like to know the appropriate action I should do before I get rid of the furniture? 

Do I have to ask him to collect his furniture? I can do a text message but have no idea about his address.

Does anybody know what is the right legal action?

Any other advice will be appreciated.

[Cassi Justiz]

I would go ahead and get a real estate attorney involved ASAP. There are a lot of unique considerations right now because of the Cares act. 

Also, most states/areas have laws about locking out tenants (whether they are authorized tenants or not!) without notice, so the sooner you get an attorney involved the better. 

[Marc Winter]

It would also be a good time (although way late) to read and study the Landlord/Tenant laws in your state.  In my state, we can post an 'abandoned property notice' which gives the tenant a specified period of time to collect their property or we can dispose of it. 

I must agree with @Cassi Justiz about getting yourself to an experienced landlord/tenant attorney.  What you might have learned on your own by understanding your rights and obligations under the law, you will now have to pay a professional to handle.  Consider it an inexpensive lesson.  Good luck going forward!

[Brian Kantor]

While this won't help you today, @Zaid Badabwan, it may be helpful to avoid this issue in the future. I include a clause in my lease:

Full-disclosure that I have yet to be in a situation where I've needed to enforce that, so TBD how it plays out in practice. But as @Cassi Justiz mentioned, things may be different with the current CARES Act, so be mindful that what you're doing is by-the-book.

Please post here when you end up resolving. Would love to learn what ended up working for you.

[Steve Morris]

If you're on decent terms with him can you get him to sign something to the effect of he's abandoning the furniture?  Make it a lot easier.

[Jill F.]

First make sure the furniture doesn't have bedbugs.

[Owen Dashner]

Check your landlord-tenant laws and consult and attorney.  Different states have different protocols with handling abandoned property. Some states you have to actually store the stuff for a period of time, others you can trash it if below a certain monetary value.  Cover your butt by consulting legal advice.

[Anna Sagatelova]

Contact an eviction attorney. You need to deal with not only your former tenant but with your current squatters.

[Michael Peters]

Just reach out to the prior tenant and let him know that items were left at the property.  If he confirms he doesn't want the items and you can remove it them no issues.  Just make sure to get it in writing.

[Account Closed]

What's the worst thing that could happen if you just take that furniture and do whatever you want with it?  Probably nothing.  But, let's say the tenant actually tries to sue you for furniture left behind. How are they going to prove it?

I'd just get rid of it all and take the chance.  Think about it.  The tenant would have to prove what was left behind and it's value.  They're just hoping you don't charge them for removing it.  

But, the property abandonment laws are usually ridiculous and cost you a ton in storing stuff they don't care about or they would have taken it.  

So, if it was me, I'd just do whatever I wanted with it all, because the odds of the tenant caring is about zero.  I'd take that chance, personally.  And if they ever came back and said anything, I'd say, "What furniture?"

[James Hamling]

I agree with all advising to get and know the tenant rights and landlord responsibilities of your market, you need to know that thing inside out to the point you can recite it off top of your head, that knowledge is imperative. 

That said, it's just as important to know the workaround. No, not how to scam by the law, but LEGAL workarounds, which will equally save you thousands more. For example, the vacated tenant could waive his property rights and claim, allowing you to act immediately for disposal of such. BUT you have to know your local laws to also know the legal workarounds, and how to document it all correctly.