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gabby500 · Oct 3, 2007, 04:45 PM

I have tennants where there tennancy ended on September 30th. They gave me the keys back on Tues morning and asking to have the rest of the afternoon to finish moving their stuff. They left me a note saying they would get the rest today with a big truck. As of today its still the same. I have a new tenant moving in on Fri, what can I do with their stuff. I've been calling to find out when they will get it but I keep getting the run around.

tickle · Oct 3, 2007, 05:01 PM

Move it out and leave it on the curb.

Fr_Chuck · Oct 3, 2007, 05:04 PM

This is a issue, I would call them and threaten to set it to the curb, but honestly, you can't, you can continue to charge them rent, till it is moved out, but would have to go though legal eviction process to get the property out of the home.

tickle · Oct 3, 2007, 05:10 PM

I didn't care, fr. Tuck, I just did it and it it worked ! I got sick and tired of phoning. God knows why I didn't get in trouble but desparation does funny things to a person.

jillianleab · Oct 3, 2007, 05:11 PM

I think (THINK!) in some states, since their tenancy ended and they have left items in the property after turning over possession, you can move their belongings into a storage facility and then charge them for your expenses. Please don't take my word on this, I could be wrong, but check your state's landlord tenant laws to find out if this is an option. Of course, if it is, I would tell them their stuff is going to the curb anyway, as that will make them more motivated to come get it!

Fr_Chuck · Oct 3, 2007, 05:40 PM

Well I did not say I have not done the same thing, had a few great yard sales at some of my rental property, I may even have some of those firms that buy furniture come in and buy what is left. But I know it is not legal when I am doing it. But here we are sort of suppose to tell them the legal thing to do. I have a great bed right now that I got from a rental house where the people just left, and I think I am watching something right now on a VCR player that I got in a rental house.

But what I may personally do, and what is actually legal is sometimes two different things.

SharonfromHoboken · Oct 4, 2007, 07:29 AM

Do not ever toss things out onto the curb. You can get arrested and/or sued. In the past year I have personally seen four landlords be arrested AND sued for doing what you just did.

Being a landlord gives you two things: Rights AND Responsibilities. Do not think you have a right when you actually have a responsibility. Feeling "desperation" does not absolve you of your legal responsibilities as a landlord, nor does it grant you any special situational rights.

People who give you flip answers online about a legal matter are not going to be paying your legal bills when you follow their "advice".

You need to find out what the definition and procedure is for abandoned property in your area. What this typically involves is boxing and storing the items, and sending a letter both certified and regular mail advising the former tenants where their property is being held, and giving them 30 days to either retrieve the items or they will be considered abandoned and you will then dispose of the personal property however you see fit. You may even be able to charge a moving fee and a storage fee.

You need to find out the legal procedure in your area and follow it to the letter, and not do things based upon your emotional reaction to a situation.

tickle · Oct 4, 2007, 07:43 AM

Sharonfromhokoken, I live in small town ontario. I wasn't a landlord, was abused verbally and physically by these people and they left me in the learch for a lot of money. They were lucky I didn't have their possessions trucked to the local dump! And did I say I just did it, god no, this happened 40 years ago.

There is no way you had of knowing what the situation had been and I will admit your information is very good and should be noted by everyone.