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Schiff · May 31, 2007, 08:22 PM

I have 2 tenants whose lease was up at 12 noon today. They did not clean all their belongings out, finish cleaning the house, nor turn in their keys. What am I legally allowed to do to get their stuff out and the house in order for the new tenants who are scheduled to take over tomorrow? House is in state of Maine.

Thank you.

bushg · May 31, 2007, 09:36 PM

In Ohio you would have to give them a 3 day notice to vacate property this must be hand delivered. If they have not left you after 3 days you must go to the clerk of courts and file eviction papers... then a sheriff will deliver them to the tenants and you should be given a day to appear in court... probably within 30 days. Then the judge may give them another 30 depending on their situation

1badchoice · May 31, 2007, 09:53 PM

If there is a reasonable assumption that they have moved and just left things they don't want... you don't have the same responsibility. I would say you just have to clean things out yourself... store anything that might be of value, change the locks. You have no way to contact them in this type situation. Cathy

bushg · May 31, 2007, 10:00 PM

Sorry I just reread your post... I think I missed the point... they have agreed to leave because ttheir lease was up... they just failed to clean their stuff up... so you would do it for them... if they have or seemed to vacate the property then I would set the left stuff out for the trash collector. If my keys were not left behind, I would get new locks.if your lease states that the house had to be left the same as when they moved in... and if it wasn't there would be fees... then you can take them to court to collect... now you've opened a whole new can of worms... better get pictures or videos

Schiff · May 31, 2007, 11:13 PM

Originally Posted by bushg

sorry i just reread ur post...i think i missed the point...they have agreed to leave because ttheir lease was up...they just failed to clean their stuff up...so you would do it for them...if they have or seemed to vacate the property then I would set the left stuff out for the trash collector. If my keys were not left behind, I would get new locks.if your lease states that the house had to be left the same as when they moved in...and if it wasn't there would be fees...then you can take them to court to collect...now you've opened a whole new can of worms...better get pictures or videos

They knew their lease was up but did not move all of their stuff out on time. They still have things in the house, and never finished cleaning up--ie. Frig still full and dirty, things still in bedrooms.

How much is charged per day and do I have the right to remove the remainder of the contents so the new tenants can officially move in or do I have to go through the courts first?

Thanks.

excon · Jun 1, 2007, 06:14 AM

Hello Schiff:

We have to back up here a little bit. You say they "knew" their lease was up, but did they give you written notice?? Did you give them written notice??

If no notice was given by either of you, they are still your tenants and you must evict them according to your states landlord tenant law. You can find a copy right here at the top of this forum on a sticky note.

In the meanwhile, you CAN'T remove their property and you CAN'T change the locks.

excon

bushg · Jun 1, 2007, 07:13 AM

Originally Posted by Schiff

They knew their lease was up but did not move all of their stuff out on time. They still have things in the house, and never finished cleaning up--ie. frig still full and dirty, things still in bedrooms.

How much is charged per day and do I have the right to remove the remainder of the contents so the new tenants can officially move in or do I have to go through the courts first?

Thanks.

Ok I presume that they have moved on their way... They no longer occupy your property. They just left this behind because they were to lazy to take... in that case throw I would it out now. My lease would have covered such actions, as far as leaving ones mess for me or a cleaning company. And they would pay for that. But you will probably have to take them to small claims court to recoup that money... did you get a deposit... that is usually held until by the owner if the house has not been left as it was found. Minus general cleaning,painting etc.

excon · Jun 1, 2007, 07:40 AM

Hello again, Schiff:

Both bushg and I have made presumptions because you haven't been clear.

If they've moved and the stuff you're talking about here is TRASH, follow bushg's advice. Throw it away and rent the place.

If, however, the stuff you're talking about is their BELONGINGS, like furniture, AND NO NOTICE WAS GIVEN BY EITHER OF YOU, you cannot presume they have moved and you may not remove their belongings until you evict them. You can sue them for the entire months rent in the process.

If you do other than that, and they sue you for their stuff, they'll win.

excon