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EvoChick
Jun 2, 2012, 07:40 PM
My husband and I purchased a home in Auburndale, Florida from my grandparents a little over a month ago. We moved the tenant they had renting the home into another rental owned by my grandparents. And I mean WE moved him... he refused to even pack, kept putting off the date of move until we, along with a couple friends, physically moved him out, packing and all. The tenant left some things in the shed in the backyard, and promised to be back within two days to retrieve them. Now, over thirty days later, he has shown up to tell us that he and a few friends will be returning tomorrow to get these things. My question is, do we have to allow him to retrieve these items? Can we charge him some sort of storage fees for them? I'm not usually the kind of person who would care, but we have gone through so much with this man, who did nothing but stand and watch, and threaten us and the people who helped us move him while we did it.

JudyKayTee
Jun 3, 2012, 05:37 AM
You can't make a contract where there was no contract - you can't suddenly begin to charge storage fees without advance notice.

If you don't want him on your property call the Police and force him to go to Court.

What would I do? I'd let him take his "stuff" and be done with it. In my area the Police will stand by if they believe there could be a problem.

ScottGem
Jun 3, 2012, 07:28 AM
And I mean WE moved him....he refused to even pack, kept putting off the date of move until we, along with a couple friends, physically moved him out, packing and all.

I would definitely be very accommodating to him when it comes to retrieving his belongings. What it sounds like in the above quote is that you illegally evicted him. And, by doing so, opened yourself up for a law suit.

When you purchase a house with an existing tenant, you do so subject to the existing lease. If the tenant was a periodic tenant, then you still have to go through the formal process of eviction, even if you are moving him into another rental. For you and your friends to physical move him without a court order was illegal.

EvoChick
Jun 3, 2012, 09:04 AM
I would definitely be very accommodating to him when it comes to retrieving his belongings. What it sounds like in the above quote is that you illegally evicted him. And, by doing so, opened yourself up for a law suit.

When you purchase a house with an existing tenant, you do so subject to the existing lease. If the tenant was a periodic tenant, then you still have to go through the formal process of eviction, even if you are moving him into another rental. For you and your friends to physical move him without a court order was illegal.

We didn't illegally evict him. He made arrangements with my grandfather, his landlord, to move two weeks before he actually moved. He kept putting it off, saying he had no one to help him move, until we offered to help him. He agreed to this, and then stood around doing nothing while we did all the work. He had the notice he was supposed to be given, my grandfather made sure of that.

ScottGem
Jun 3, 2012, 09:25 AM
OK, it sounded a lot worse when you first said it.

But unless you gave him a deadline to remove his belongings, you really can't do anything with them. So let him get his stuff and if he doesn't remove everything you give him a deadline in writing or you will throw them out.

JudyKayTee
Jun 3, 2012, 09:44 AM
He was going to return for his belongings "tomorrow." I think it's now "tomorrow." Did he show up?

EvoChick
Jun 3, 2012, 01:47 PM
He was going to return for his belongings "tomorrow." I think it's now "tomorrow." Did he show up?

No, he didn't show up! He called and said that he couldn't find anyone to help him. This is the whole reason we ended up moving his things for him, and I do not want to go down that road with him again. He says he thinks someone can help him tomorrow, and we agreed upon a time. What do I do if he doesn't show up? What is a good
Time frame to give him to pick the stuff up? This guy is a heavy drinker, and I don't want him on my property for very long. We had some serious issues when we moved his things, including him leaving, coming back over an hour later completely drunk, and threatening all of us who were there. I've got small kids, and I don't really want him around any longer than he has to be. Is it within my rights to tell him he has an hour or so to get the stuff loaded and out of here? I just don't want anymore issues with this guy. Thank you all for all of your help!

EvoChick
Jun 3, 2012, 01:49 PM
OK, it sounded a lot worse when you first said it.

But unless you gave him a deadline to remove his belongings, you really can't do anything with them. so let him get his stuff and if he doesn't remove everything you give him a deadline in writing or you will throw them out.

Yes, when I reread what I wrote, I realized that it sounded really bad! Thanks for your responses... as he didn't show up today, of he doesn't show up tomorrow, what kind of time frame am I required to give him?

JudyKayTee
Jun 3, 2012, 01:53 PM
I'm a landlord in NY - I'm always advised to give 30 days.

ScottGem
Jun 3, 2012, 01:53 PM
I would give him one week in writing. If the property has been picked up by the deadline you will put it out for garbage collection.

joypulv
Jun 3, 2012, 02:02 PM
Try to keep in mind the fact that he is still renting from your grandfather.
It might be wise to be a bit more accommodating than you want to and more than he deserves. Even a drunk can call the cops and claim you stole his belongings.
Every state has laws about possessions left behind by tenants who are evicted.
Abandonment often goes by local statutes and usually the local police know what the process is, such as a certified letter.

JudyKayTee
Jun 3, 2012, 02:31 PM
I believe OP purchased the home from the Grandparents.

He came with the territory.