I have tenants now on a month to month lease after not signing a new lease. They are over 2 months behind on the rent and gave me their notice to vacate verbally. They have shut off the electricity and moved most of their things out of the house, but still have items there. Can I take back possession of the house and consider it abandoned if they are past their move out date, but haven't given back the keys yet?
2007-07-06 13:39:34 · 9 answers · asked by Gotchagrl 1 in Business & Finance ➔ Renting & Real Estate
If you change the locks.
2007-07-06 13:42:30 · answer #1 · answered by the Boss 7 · 0⤊ 0⤋
oh wow! I am going through the same thing. It will depend on your state laws. I had to place an eviction notice with the magistrate court and then we go to court in 2 weeks. Been a total of 6 weeks already, so it is not an easy process. If tenant still has belongings in home they are still considered as living there. you need to check all laws out in your state to be sure you are not tresspassing ( i know it is crazy) Maybe contact tenant for the keys and see what is said.
2007-07-07 00:51:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I would change the locks and tell them that they will not get there things and will get an eviction notice if you do not get your rent...
try to be nice and understanding even though you must be pretty mad about it all. Also if they give you back most of the rent you can take the rest out of the deposit but in most states you can only keep the deposit if that's how much back rent they have or for cleaning/repairs.
Good luck
2007-07-06 14:37:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
you should file a dispossessory (eviction notice) usually costs $50 at the court house, but you should serve it just to have all your ducks in a row.
and a dispossessory would also require they pay the back rent, it will also prevent them from renting in the future til that is paid. at which time you can get it taken off their credit, but til you take it off a dispossessory will stay on for 7-10 years.
it will also establish a time frame that you can consider their things abandoned and it may allow you to sue for clean up costs, also to be attached in a judgement.
hope it helps!
2007-07-06 13:46:47 · answer #4 · answered by act_won 4 · 0⤊ 0⤋
The good news is that verbal agreements are legally binding!
HI,
Please check your State's laws. In Vermont you have to store the property for a given number of days before it is considered abandoned. They never leave any "good" stuff behind either! What's up with that! ; )
2007-07-07 08:06:58 · answer #5 · answered by skiingstowe 6 · 0⤊ 0⤋
The tenant/landlord laws go by state. You can more than likely find your state's laws online.
You will probably have to file a formal eviction notice, but after that, the house and everything in it is considered yours (their possessions are considered abandoned). At least that's how it goes in my state.
2007-07-06 13:43:22 · answer #6 · answered by space 2 · 1⤊ 0⤋
You do not give your location and laws vary in different places.
Suggest you ask either the police or a lawyer as to your rights in this matter.
2007-07-06 13:51:59 · answer #7 · answered by khorat k 6 · 0⤊ 0⤋
yes you can consider it abandoned... it sounds like you have a pretty solid lawsuit also... take them to small claims court you will most likely win...
2007-07-06 13:43:30 · answer #8 · answered by lanceswisher 2 · 0⤊ 0⤋
Yes. You can boot them to the curb.
2007-07-06 13:42:12 · answer #9 · answered by Crazy LP 3 · 0⤊ 0⤋