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-   -   Removing property after tenant death (https://www.askmehelpdesk.com/showthread.php?t=661845)

  • May 20, 2012, 06:18 AM
    dandog
    Removing property after tenant death
    If tenant leases week to week and dies . How long does landlord have to get his broken abandoned vehicle out of the driveway?
  • May 20, 2012, 06:32 AM
    AK lawyer
    Landord can take as long as he wants- forever.

    How soon can he remove it? That would depend, among other things, on where (which state or country) the premises are located.
  • May 20, 2012, 06:45 AM
    ScottGem
    First, ANY question on law needs to include your general locale as laws vary by area.

    Second, if a tenant dies, the landlord must try to contact next of kin to remove any belongings. Belongings may be removed to a storage facility to free up space for a new tenant.
  • May 20, 2012, 06:52 AM
    dandog
    Quote:

    Originally Posted by ScottGem View Post
    First, ANY question on law needs to include your general locale as laws vary by area.

    Second, if a tenant dies, the landlord must try to contact next of kin to remove any belongings. Belongings may be removed to a storage facility to free up space for a new tenant.

    Louisiana. Kin was notified. Meant how soon.thanks
  • May 20, 2012, 06:58 AM
    ScottGem
    Quote:

    Originally Posted by dandog View Post
    louisiana. kin was notified. meant how soon.thanks

    How long ago was kin notified? Did you give them a deadline? Are kin local? I doubt if there is a specific statutory time frame here. Is the premises rentable at this point?
  • May 20, 2012, 07:29 AM
    dandog
    Quote:

    Originally Posted by ScottGem View Post
    How long ago was kin notified? Did you give them a deadline? Are kin local? I doubt if there is a specific statutory time frame here. Is the premises rentable at this point?

    The kin came to premisis day after his death. Wich was Tuesday.I gave them till Sunday . They came strip raidos and speakers out of vehicles the next week. Kin weren't local but the friend who was going to take care of it for his mother is local.they rumaged through the house and took only what they could get money for and left the mess.the vehichles were in driveway to premiss. I had them towed to impound yard.it would heve been hard to rent with 3 vehichles in driveway. Thanks!
  • May 20, 2012, 11:34 AM
    ScottGem
    See, now if you had told us the whole story up front my response would have been different. Also, if you already had them towed, why did you ask? We are here to help people, but if you want help tell us the full story.
  • May 20, 2012, 11:39 AM
    dandog
    Quote:

    Originally Posted by ScottGem View Post
    See, now if you had told us the whole story up front my response would have been different. Also, if you already had them towed, why did you ask? We are here to help people, but if you want help tell us the full story.

    Sorry. But thanks! Just wanting peace of mind.
  • May 20, 2012, 12:12 PM
    Fr_Chuck
    The only issue I see, how do you know who to give it to. "KIN"
    What if he had a will giving it all to a friend.
    What if he was still legally married and she was by law to get it all.

    Most likely none of this happens, but what if there was a son who comes and asks for his fathers things, and he is the legal heir,
  • May 20, 2012, 12:22 PM
    AK lawyer
    Quote:

    Originally Posted by Fr_Chuck View Post
    The only issue I see, how do you know who to give it to. "KIN"
    What if he had a will giving it all to a friend.
    What if he was still legally married and she was by law to get it all.

    Most likely none of this happens, but what if there was a son who comes and asks for his fathers things, and he is the legal heir,

    All true, but it is not a landlord's job to try to figure out who gets what. Strictly speaking, I suppose the OP could have demanded to see letters of administration (or whatever they call it in Louisiana) before letting anyone in.
  • May 20, 2012, 12:44 PM
    dandog
    Quote:

    Originally Posted by AK lawyer View Post
    All true, but it is not a landlord's job to try to figure out who gets what. Strictly speaking, I suppose the OP could have demanded to see letters of administration (or whatever they call it in Louisiana) before letting anyone in.

    No kids for sure.but how long do I have to keep it for anyway?it was junk. Wrecked not working. That's why they left it.cost too much to move them.he rented by the week. No contract.they were already in house before I got home. Someone with a key had already got away with my 1 year old washing machine!his mother never said a word. They "the friend posing as his sister" said they would come and get them but all they did was strip them of what they wanted! Thanks for your help.
  • May 20, 2012, 02:58 PM
    ScottGem
    So why are you renting to someone without a written lease? Why are you renting to someone without getting and checking next of kin and references? Did you report the theft of the washing machine?
  • May 20, 2012, 03:47 PM
    dandog
    Quote:

    Originally Posted by ScottGem View Post
    So why are you renting to someone without a written lease? Why are you renting to someone without getting and checking next of kin and references? Did you report the theft of the washing machine?

    You. Called the po po. They droped the ball... just worried about getting the vehichles towed off the property. I can't have that junk here, how much time I have to give them by law to get rid of them?
  • May 20, 2012, 04:00 PM
    ScottGem
    Again, I doubt if there is a specific statutory time frame. You probably have to give a reasonable time. What that is can depend on the circumstances. But you already had them towed so the question is moot. If someone takes you to court over this you can claim that the property was abandoned.
  • May 20, 2012, 06:11 PM
    dandog
    Quote:

    Originally Posted by ScottGem View Post
    Again, I doubt if there is a specific statutory time frame. You probably have to give a reasonable time. what that is can depend on the circumstances. But you already had them towed so the question is moot. If someone takes you to court over this you can claim that the property was abandoned.

    Thanks ! You are great! I like the "moot" word! I can't store their junk so I'm content with my decision and your help with the matter. dandog is going to sleep tonight!

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