Hello,
I just bought a duplex last month. One tenant was the owner, so she moved out. The other tenant's lease was up at the end of June. He asked if he could have until July 6th to move out, and I granted him the extra 6 days. On the 9th he moved his bed and about half of his belongings to another apt down the road. Since them I have been contacting him to remove the rest of his belongings, dressers, a desk, and a garage full of stuff. It is nearly a month later and that side is still full with hsi stuff and unrentable. How do I deal with this situation...leagally? Thanks.
2007-07-20 09:16:02 · 11 answers · asked by joe h 2 in Business & Finance ➔ Renting & Real Estate
Thanks for the responses so far. I live in NYS. I have spoke with him on the phone on several occassions. He is always full of excuses and "promises" to get it out.
2007-07-20 09:39:53 · update #1
I think if you post it in a local paper, stating that he has until this date....and if it is not removed my then, you will be disposing of it... You can usually find these examples in the "Notice" section of a paper...
Have a rummage sale and make some money off the guy!!
2007-07-20 09:19:36 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Legally, I believe, anything he leaves in the unit after the end of the lease is considered abandoned.
I would recommend that you leave a message that he has 24 or 48 hours to remove his belongings, or they will be placed at the curb. On that day, ABSOLUTELY begin moving his stuff out. You may call the sheriff's department before you begin moving his things, and provide a copy of the lease that shows the end date and last day rent was paid. They may actually provide an officer to 'supervise' so that the tenant can't cause any problems.
2007-07-20 09:21:20 · answer #2 · answered by Sue 5 · 0⤊ 0⤋
Call him up and give him just 1 more day to come get his crap.
At this point you are perfectly free to sell it, throw it out, or toss it on a bonfire if you wish. In New York state, if a tenant is absent from the property for 7 consecutive days and the rent has gone unpaid during that time, his belongings are then legally deemed abandoned property.
2007-07-21 17:19:08 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Call the Sheriff in your county and explain. Ask what your rights are as a landlord. You want to be sure you don't do anything wrong (because this guy might know some little twist in the law) so if you throw out his junk or sell it on a garage sale, that you don't owe him $10,000 or something for disposing of his possessions without the proper paperwork.
Call the Sheriff or your local Police. They will know what to do. Every state is different.
2007-07-20 09:22:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The laws differ depending on where you live. Check at your local city hall for the bi-laws. They probably have a time limit before you can legaly sell, keep or throw out the stuff. You may have to prove you made a resonable effort to contact the former tenent and warn him.
2007-07-20 09:19:31 · answer #5 · answered by CC 6 · 0⤊ 0⤋
Notify him IN WRITING that as long as his belongings are in the unit, rent continues to accure and that you fully expect to be paid in full or you will proceed with collection actions.
Give him 30 days to remove his belongings or they will be removed and sold to cover any remaining debt OR that they will be placed in commercial storage under his name and at his sole risk and you will bill him for the first months storage costs and all moving costs as well as any make-ready costs involved in preparing the unit for rental.
Do consult with a local attorney to see what the abandoned property laws in your area are. 30 days is common, but it may be longer or shorter than that.
2007-07-20 09:25:15 · answer #6 · answered by Bostonian In MO 7 · 0⤊ 0⤋
You can't toss it, sorry.
You have to store it and you can change him 1/30th of his previous monthly rent per day for the storage, no matter where you store it.
After 90 days you can auction it off. If you use a storage unit they will give you the name of a good auctioneer. You rarely even cover storage cost, but it is better then nothing.
2007-07-20 09:20:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No you cannot. You illegally sublet the room, you have no written lease and as she can prove she has resided there the police cannot do anything, Next time abide by the law and have a lease
2016-05-18 21:06:13 · answer #8 · answered by cheryll 3 · 0⤊ 0⤋
I advise you get in touch with your former tenant and ask nicely for him to move out his extra stuff. if this doesn't work throw out his stuff since he isn't paying you for the space anymore.
2007-07-20 09:28:40 · answer #9 · answered by clara 3 · 0⤊ 0⤋
The timelines vary by area, check with your local landlords association so they can advise you on what you can do. I would certainly think you can charge for storage at this point.
2007-07-20 09:20:10 · answer #10 · answered by godged 7 · 0⤊ 0⤋