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Updated almost 4 years ago on . Most recent reply

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,088
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What to do when Tenant is arrested?

Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorPosted

I'm curious how others would handle this situation.

Two renters with multiple children were arrested for abusing a child. The child died a few days later and they are both facing murder charges and will never come back to the apartment. 

When something like this happens, what do you do with their stuff? The law instructs me on when to declare it "abandoned" and then I can deal with it a variety of ways. But I don't want to make $50 selling someone's couch because it's incredibly time-consuming and just feels wrong. I would rather have family or friends remove everything so I can just focus on turning the rental around and getting it rented.

I know some of their friends/family, but I didn't want to end up in the middle of a legal fight if the wrong person took the wrong thing and then I get blamed for giving them access. I drew up a pretty basic letter (no attorney involved) explaining their unit is essentially considered abandoned, but that I don't want to protect their stuff. I asked them to provide me with names and contact information of people they authorize to remove their belongings and any special instructions. Some example problems:

  • They are unmarried so the male's friend shouldn't be picking up the female's items;
  • They both have cars that are paid for; I don't want his friend taking her car when it should go to her family members;
  • Items belonging to the deceased child might be going to that child's birth mother that lives in another state.

I reached out to their named contacts to ensure everyone could play nicely. Again, I personally know a couple people on each side of this and they are all good people willing to work with each other to make this happen amicably. I'm providing them access in the next few days to empty the apartment. Anything left behind will be handled using the security deposit, which is sufficient for that and turnover costs.

How did I do? Is there anything else you can think of that I should have done, or done differently? 

  • Nathan Gesner
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The DIY Landlord Book
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Matt W.
  • Rental Property Investor
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Matt W.
  • Rental Property Investor
Replied

@Nathan G.

I’ve made postings on Facebook that basically say “Everything is free, come take it!” And tons of current and future hoarders show up and take most of the trash.

I usually do this when I buy a house full of

junk, I guess this situation is a bit different. Very sad story.

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