What's the norm for selling personal belonging for debt when someone is subleting from you?

Question

I am renting a house and subletting some of the rooms. One girl broke her lease after 2 months. She had a move out date but left everything but the clothes in her closet in the room without telling me. I called her on the 1st (because she hadn't told me her stuff was still there) and she agreed on the phone to pay $50 for me to move her stuff into the garage and said she would move it out by the weekend. Weekend passed, her stuff is still in my house. I left her a voicemail informing she had 1 more day to get her stuff before it got sold or could pay an extra $150 on top of what she owed me to hold it longer. She said she would come get her stuff, but can't pay me til Friday, and doesn't want to pay me the full amount she owes me. I don't trust her to pay at all.

If I sell her stuff for the amount she owes me am I okay legally? Do I have to give her an option of paying me even though she left her stuff in the room, is no longer paying rent, and owes me money already?

Answer 1

You're probably NOT OK just selling her stuff. Generally you must provide WRITTEN notice to her to retrieve her belongings. You are allowed to make a reasonable charge for storing her things though you generally may not hold them "hostage" for payment. If she refuses to pay for storage you'll have to sue in Small Claims Court to recover.

If she does not claim her things after the 30 days you generally can treat them as abandoned and do with them as you wish. Personally I'd put them in public storage under her name and pre-pay the first month's storage fee. Send her notice by Certified Mail and include the keys to the storage locker.

Consult with a local attorney for the time and notification requirements in your jurisdiction.