My roommate moved out over a week ago and still has a ton of stuff left in his closet and a shed filled with furniture and other misc stuff. He told us he would have all of his stuff out by the 15th. Today is the 13th and he still has all this stuff here. He wasn't on the lease but was approved by the landlord to be a tenant. We've called and emailed him and he's only shown up twice to get things, but he's only taken what he's needed. He still owes us a hundred dollars for utilities for the last month he lived there. He said he'd give us a check but when he came by yesterday to get some things he neglected to bring us the check. Based on his character I feel like he'll leave his stuff as long as possible esp. considering he's left a motorcyle at his prior residence for about 3 mos. What can I legally do? What is the statute of limitations in TX for abandoned property? How long does he have to come get his stuff? Should we get our landlord involved?
2007-08-13 04:40:03 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Wait two more days, then send him a certified letter stating that as agreed, he had until August 15 to remove his property. Give him 3 more business days to remove it, then get rid of it.
Personally, I'd post a "free stuff" ad on Craigslist and let others come and haul it away. Or, you could always pay someone to remove it and then sue him in court to pay you back.
Because he still owes you $100, take a few items worth that (CD player, nice shirts, etc.) and tell him he only gets it back when he pays.
2007-08-13 04:56:15 · answer #1 · answered by Anonymous · 0⤊ 2⤋
O.K. now an attorney's answer.
Yes, you have a valid verbal contract so you must wait until the 15th has past to act. Once that date has come and gone send him a CERTIFIED (RRR) letter of demand telling him he has 30 days to remove the property. If he does NOT do so, you will have no choice but to seek legal redress.
You DO NOT have the right to sell the property but you DO have a duty to protect it under the doctrine of ordinary care. That simply means in the condition it was when he left it. Therefore, you cannot take it and leave it on the porch or if it is locked, take the lock off.
If after the 30 days has expired, it is still there, you will be REQUIRED to file a petition for personal action to recover costs associated with the removal of the property and action to recover monies owed under a verbal contract.
Any other action without the court's sanction opens you up to legal ramifications.
2007-08-13 05:28:57 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
You cannot rush into this or he will be able to sue you and win.
After the 15th, send him a certified letter to his last known address, giving him notice that any items left behind after 30 (more) days will be sold or otherwise disposed of. Send a copy of the same notice to him by email.
If you do not have a good address for him, put an ad in the local paper where you think he lives, describing the items to be sold or disposed of, the date you will dispose of them and a contact number for you.
When the day comes to dispose of it, take pictures of the property, especially items of value.
If you sell it, you cannot keep all of the money, but you can keep what he legitimately owed you for bills and the costs of selling the stuff (the ad, etc.).
He will probably sue you in small claims court. Be sure to keep records and copies of everything.
2007-08-13 05:18:41 · answer #3 · answered by raichasays 7 · 0⤊ 0⤋
You may have to go to small claims to get your money for utilities. Your or your landlord is allowed to charge storage for any items left behind. If he leaves his junk after the 13th, I would be tempted to make some midnight trips to the dumpster. He shows up a month or two from now for his belongings, I would charge for the storage. If you do anything with his belongings and tell him what you did, he could sue you for their loss or damage. See if it is legal for you to give him a fair amount of time for removal and then donate the junk to Goodwill. Speaking with an attorney would be your best option. It would mainly involve your landlord if the stuff is still there after you leave and would be your responsibility to be removed when you vacate your residence
2007-08-13 05:10:38 · answer #4 · answered by drvndrm2 2 · 0⤊ 0⤋
Considering the level of interaction that you have with this person, I'm guessing that it's not so much a legal issue as an annoyance issue. Unless he has something really expensive in your house, I doubt that he'll sue you if you get rid of it.
I would write him an email or leave him a phone message (although email is better because then you'll have proof later) saying very clearly "If you do not remove your things by X date, we will sell it in order to get the money you owe us." He'll be warned and you'll be covered. Don't let him in to get his stuff unless he brings you the check.
2007-08-13 04:51:34 · answer #5 · answered by Acadia 2 · 1⤊ 1⤋
i'd send him a certified letter to his new address informing him that he has agreed to have it all out by the 15th and still owes for utilities.
by the end of the business day on the 15th, I'd begin selling the items to pay for the utility bill and then sell whatever else is necessary to cover the funds needed to throw out the rest.
I'm in california and don't know texas laws, but, hey, he moved, you have a date to be 'out' by which means you and all your posessions.
call the landlord and just ask them what they know about a situation like this. be clear with them that you don't want them involved, you're just asking for their knowledge.
there is probably a local county office that can help guide you also regarding 'tenant's rights'.
2007-08-13 04:49:58 · answer #6 · answered by bilko_ca 5 · 0⤊ 2⤋
First, understand that somebody owns that automobile and it is not you. you won't be able to easily circulate to the DMV, as some right here have suggested and get a call for it on your call. each and each community/jurisdiction has particular rules on "deserted sources". verify consisting of your jurisdiction to work out what the technique is for claiming the automobile. warning: it could desire to be a protracted drawn out technique and interior the top you will in all probability be very fortunate to finally end up because of the fact the owner.
2016-12-15 13:47:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If he's said he would have all his stuff out by the 15th, you should be able to toss whatever is left over on the 16th. If he still owes you money try small claims court, but I wouldn't hold my breath waiting for it.
2007-08-13 05:29:26 · answer #8 · answered by Rob M 6 · 0⤊ 1⤋
never get the landlord involved especially when he wasn't on the lease. Even though the landlord approved of it verbally, he can always go back on his word.
As for your roommate's stuff, sell it on ebay, take the money owed to you and give the rest to him.
2007-08-13 04:51:34 · answer #9 · answered by karma 7 · 0⤊ 1⤋