Eviction processed.. do I really need to keep their crap???

Question

I went to court in Ogden yesterday and the judge issued an immediate order of restitution so I have the house and the tenants are out...but they left about 2 dumpsters worth of crap (clothes, furniture, misc junk) in the house. I want to begin working on the rehab immediately, but their junk is in the way. I know the law states that I have to store it for 15 days (and I'd use the garage for this), but that means I'd put everything in the garage and then throw it away in two weeks anyway. Have others thrown the tenants possessions before 15 days it up? Am I playing with fire if I just throw it away and ask for forgiveness later?

John Thedford · Answer

I would do what is required by law. IF they come back and you have tossed it prior to statute, they could have a nice suit against you.

Rick H. · Answer

The keyword "crap" brought me to this thread (just kidding).

There's nothing like the stench of a hoarder tenant or occupant to singe your noise hairs. I've trained my mind to associate it with opportunity. You guys thought it was dead people, but you are wrong!

My buddy @Sean OToole said it right. You really need to understand the valuation threshold laws.

What I do is begin by making a video of walk-thru of the property and document the condition and general inventory of the contents.

I've used teams before to separate the trash from anything of value. The items if any value go into pile "A" and the rest ho into pike "B" which coincidently has been conveniently located in the back of a 40 yard roll-off dumpster.

Pile "A" can be placed in a PODS type container and relocated to storage.

The primary objective is to have a legal way to avoid my asset from being held hostage and losing time/money and giving the former occupants absolutely NO REASON to return to the property or any opportunity to create further conflict for me.

Good planning includes better systems. Better systems means less stress.

Caleb Rigby · Answer

Thanks for quick replies. I see that I was a little short-sighted in my views. This is my first flip and I am ANXIOUS to begin the actual work, but it's better to not cut corners. I'll move everything to the garage and wait until the time period lapses.

Jeff B. · Answer

EVERYTHING left is known as ABANDON PROPERTY.  Follow the state requirements OR it can come back to bite you - - some tenants know how to scam the system.

JD Martin · Answer

Don't do it. You played by the rules and got a judgement, and now you're going to break the same laws to gain an extra couple of days? It's not a matter of asking for forgiveness. One day you may be in front of the same judge asking for a judgement, who remembers you as the slumlord who threw out all of the tenant's possessions the day before they showed up with the Uhaul to get them out of there in accordance with the law.

Sean OToole · Answer

Do look up and read the abandoned property laws in your state for a number of reasons:

1) there is typically a minimum value under which you can toss it. I doubt it will help in your case as the dollar amount is pretty low (perhaps $500).

2) the law may allow for you to charge back reasonable costs for storing, and perhaps even moving, their stuff. In order to reclaim their stuff they'll have to pay those fees to you first. I've never actually charged anyone, but sending them a letter letting them know the fees sometimes motivates them to come get it quickly.

3) you may not actually be allowed to dispose of it at all. If it is worth a certain amount you may have to auction it off with proceeds first going to your reasonable costs, and then going to the owner. I bought a dentists office at trustee sale once had to do that with about $50k in dental equipment. It was a bunch of work. :-(

4) there may be notice / posting requirements before you can dispose or sell the stuff.

JD Martin · Answer

Keeping it above board rarely comes back to haunt you. And 2 weeks of inconvenience is nothing in terms of a flip, even fast flippers are usually talking 30 days minimum.

Michael Currie · Answer

Hi Caleb, Sorry about your trouble.

It appears since you received a court order, it would put you on the radar, (if they complained).

I am not sure I can answer your question on a massive forum like this, but I will share a story.

I have a friend that ended up selling school books that were left in a unit after the tenant bailed mid-term and left him high and dry.

The student came after him with court action, even though they just up and left.  Since the books were gone, he had to give her cash, and still never recovered any lost rent.

In this case, I think you are going to have to do the right thing, and hang on to the stuff.

You are fortunate to have a garage,

Michael P Currie

Eviction processed.. do I really need to keep their crap???

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