And all thier stuff is mostly there, and I call to ask when they are getting it out? I tried to agree to stop court proceedings if they left this week. They said "we don't want you to do that".
2007-09-05 01:54:46 · 10 answers · asked by gloria w 3 in Business & Finance ➔ Renting & Real Estate
"They said "we don't want you to do that". "
You are dealing with people who know the system and how to play the system. They know what they will get in court and it is not to your side of the equation so yes they WANT you t go to court.
2007-09-05 02:00:18 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I am not sure where you live, but I would look into what it takes to consider the place and stuff abandoned. Usually, it's a certified letter, and a notice posted on the door. Once you legally have it declared abandoned you can get rid of the stuff or call Goodwill. Maybe let your renters know you are planning on doing that and they might be inclined to get their stuff out. Careful....if they go to court with you THEY can file what is called a Pauper's Appeal. If either party does not show up to court, it's default judgement for the other party (an automatic win for the one who shows up). In Texas you have to store their belongings for 30 days, you can charge storage. Photograph and inventory everything, have a witness there the entire time and have them sign an affidavit as to what was there.
2007-09-05 02:15:40 · answer #2 · answered by Susan D 1 · 0⤊ 0⤋
They haven't moved out if:
They have not turned in the keys & they have things left.
If they have given you the keys & left things then you can go ahead with what you need to do.
Have you given them the proper notices?
Then if they still aren't moving you should get a court order.
That will fix a minimum time for them to get out before you can get the sheriff to move them. All off these cost can be charged to them.
2007-09-05 02:11:33 · answer #3 · answered by Floyd B 5 · 0⤊ 0⤋
you have to keep their stuff for a while, in case they want to claim it, but you don't have to keep it in the apartment and they will have to pay you for storage expenses. I think most courts would also award you reasonable costs for the labor involved in moving it because you need to rent out the apartment. So, you have to decide if you are better off paying to store it someplace else in case they come to get it, or leaving it in the apartment and not collecting rent. a third option is to junk it and take your chances that you would get a reasonable settlement if they filed a claim to get their stuff later, but you know there will be many "priceless" items in the junk they left that some judge will decide to make you pay for.
I would opt for moving their stuff to dry storage someplace
2007-09-05 02:10:00 · answer #4 · answered by John M 7 · 0⤊ 0⤋
You need to evict them however if you go in there and touch the stuff and change the lock that is called an illegal lock out even if they are living somewhere else.
They have to turn in the keys, if the lease expires then you can evict them. Do yourself a favor evict them legally you can be fined for illegal lockout and eviction just so you know.
2007-09-05 02:44:56 · answer #5 · answered by buyingahouse 1 · 0⤊ 0⤋
If they have moved out, I think you have a legal right to dispose of their belongings. Its called abandonment.
I am not sure how long they have to be out for before you can do so though.
I would call and give them a "friendly reminder" that if they don't pick up their stuff by saturday it is going out with the trash.
2007-09-05 02:02:01 · answer #6 · answered by GoldenButterflyKisses 4 · 1⤊ 0⤋
So, continue on with the eviction proceedings! You are entitled to rent as long as they occupy the premises. As long as their things are in the property, they are legally obligated for the rent. If the property is abandoned you do have the right to dispose of it as you see fit after giving proper notice. Consult with a local attorney about what the requirements are for your area.
2007-09-05 02:01:32 · answer #7 · answered by Bostonian In MO 7 · 5⤊ 0⤋
i think that u are well with in your right to ring and ask are u losing out on income if they haven't got there stuff out and i say don't feel bad about court proceedings
2007-09-05 01:59:59 · answer #8 · answered by curvykirst 2 · 0⤊ 0⤋
well within your right and until they completely move out they have not legally moved out in my mind and would continue court proceedings to get an eviction on their recorded and collect any monies due and owing
2007-09-05 02:12:11 · answer #9 · answered by goz1111 7 · 0⤊ 0⤋
Go get them. They are using your property as a storage. And if they dont pay for it, it is theft. Charge them. Take them to court. They dont care about your needs and concerns, you dont need to feel bad about thiers.
2007-09-05 02:58:52 · answer #10 · answered by Bob D 6 · 1⤊ 0⤋