Rental/Tenant Issue

Sep 7, 2009
12,960
3
0
Just wanted to vent for others considering leasing out their property.

I have (had) a tenant in a property who has been there almost 3 years. Single mother, has paid rent late once and bounced one check, but was an otherwise good tenant and a good person.

On Dec 20th she emailed me saying sorry but she lost her job, things are crazy, and she will have to break the lease, can Jan 31st be her last day as she has to move in with her parents. I replied no big deal I understand, just make sure everything is clean and ready for carpet/paint. I suspected she had a roommate so I told her to make 100% sure that anyone in the home knows that Jan 31st is their last day.

Then, on Dec 28th she emailed me saying sorry but there is no way for her to even stay Jan, and she will be out by the 31st.

So, I show up on the 1st to inspect the property, and a downstairs room still has furniture in it. Nothing 'personal' like computers or clothes, but there's a bed, a desk, a couch, and a reclining chair.

I call her, and she basically has no idea what to do. Apparently this "roommate" has not paid his rent to her for 2 months. She didn't know how to evict him, and he hasn't been around in weeks. She said the room was totally full of stuff a few days ago, so he must've come by and picked up some of it. The only number she has for him is turned off, and he doesn't work at the last place he told her he worked. All she has is his first and last name.


So. I now have some person's stuff in my house, where no one has paid rent for this month, and I have carpet/paint/workers scheduled who can't do anything until I contact this uncontactable person.

If I change the locks etc he can legally kick the door down since he was never served a notice to vacate. At this point I really just need to move his stuff to the garage, but I'm not 100% sure I can even do that.

Waiting to hear back from my landlord tenant attorney.
 

Oyeve

Lifer
Oct 18, 1999
22,046
875
126
Hey, At least she was honest. I know how she must feel as I was almost there a while back. As for the other persons stuff. Toss it and change the locks. If he was never on the lease he has no leagal claim at all.
 

highland145

Lifer
Oct 12, 2009
43,973
6,336
136
throw everything out. change locks.

he is not on the lease and you had no idea he lived in the building.
I would give him a chance to get his stuff....10 days max as long as it's not interfering with the repairs/paint.
 

Cerpin Taxt

Lifer
Feb 23, 2005
11,940
542
126
Agree with the others: he wasn't on the lease, thus you owe him no duties as a tenant. Definitely let your lawyer confirm this.
 
Sep 7, 2009
12,960
3
0
throw everything out. change locks.

he is not on the lease and you had no idea he lived in the building.


I'm almost positive that the guy would win a judgement against me for replacing this furniture if I did that.

I've dealt with a number of weird situations, including evicting people, and have learned that no matter what (back rent owed, etc doesn't matter) that you cannot dispose of someone's stuff unless they have had 30 days to pick it up.

In the past I've been able to txt or whatever and get the person to get their crap, or even txt and say "your stuff will be thrown away in 30 days unless you contact me", but I can't do any of this since I have no way to contact the person.
 

Narse

Moderator<br>Computer Help
Moderator
Mar 14, 2000
3,826
1
81
Pretty sure since he was never on the lease you can throw the stuff out and change the locks.
 

highland145

Lifer
Oct 12, 2009
43,973
6,336
136
I'm almost positive that the guy would win a judgement against me for replacing this furniture if I did that.

I've dealt with a number of weird situations, including evicting people, and have learned that no matter what (back rent owed, etc doesn't matter) that you cannot dispose of someone's stuff unless they have had 30 days to pick it up.

In the past I've been able to txt or whatever and get the person to get their crap, or even txt and say "your stuff will be thrown away in 30 days unless you contact me", but I can't do any of this since I have no way to contact the person.
What state? That sounds messed up. Save her texts/voice mail saying she's gone. You had to assumed it was hers and she left it.

And you can't serve someone you don't know or where they are.
 
Sep 7, 2009
12,960
3
0
What state? That sounds messed up. Save her texts/voice mail saying she's gone. You had to assumed it was hers and she left it.

And you can't serve someone you don't know or where they are.


The property is in Georgia, but most states are similar as far as I'm aware. You can't just throw away someone's stuff unless you have told them that you will do so or served them a notice to vacate (email/txt is fine). When I say 'serve' I don't mean via the sheriff's department... I mean just tell them in some documented way.

In this situation, my tenant willingly left.. She wasn't evicted. No, he wasn't on the lease, but he did live there and still has property there... Lease or no lease, no state would be ok with a landlord disposing of property without doing due diligence to return it first. I'm sure he has my name, and he could technically file this in small claims. I doubt that would ever happen, but it is possible.

All of this is why leases (mine included) specifically say no sub leasing.

Here's a scenario.. You reply to a roommate wanted ad on craigslist. You move in, pay your rent or whatever, live there 6 months. You go out of town for 2 weeks and come back to find your stuff gone and locks changed as the person you're renting from defaulted on the property. The laws are geared towards not allowing that to ever happen, which is why you have to be REALLY careful as a landlord to not ever lock out someone living in a property.
 

gorcorps

aka Brandon
Jul 18, 2004
30,739
454
126
Can't you post an eviction notice on the door or something and go from there?
 

Cerpin Taxt

Lifer
Feb 23, 2005
11,940
542
126
I'm almost positive that the guy would win a judgement against me for replacing this furniture if I did that.

I've dealt with a number of weird situations, including evicting people, and have learned that no matter what (back rent owed, etc doesn't matter) that you cannot dispose of someone's stuff unless they have had 30 days to pick it up.

In the past I've been able to txt or whatever and get the person to get their crap, or even txt and say "your stuff will be thrown away in 30 days unless you contact me", but I can't do any of this since I have no way to contact the person.

In my state there are ways to notify a person without actually meeting them or calling them -- something like knocking two days in a row, then posting the notice on the door and sending it to the same address certified mail that day. This may take me time than you'd like, but would keep your end of the bargain.

The fact is that if the guy just abandoned the stuff there, he probably doesn't have his shit together enough to file a proper claim against you to win the judgement.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
I'm almost positive that the guy would win a judgement against me for replacing this furniture if I did that.

I've dealt with a number of weird situations, including evicting people, and have learned that no matter what (back rent owed, etc doesn't matter) that you cannot dispose of someone's stuff unless they have had 30 days to pick it up.

In the past I've been able to txt or whatever and get the person to get their crap, or even txt and say "your stuff will be thrown away in 30 days unless you contact me", but I can't do any of this since I have no way to contact the person.

you are most likely right. but i think that the cost of that would be cheaper then evicting them and loseing rent.
 

olds

Elite Member
Mar 3, 2000
50,110
774
126
INAL - You should probably speak to one.
As far as you know, she left the stuff when she moved and didn't want it.
But, since you spoke with her, it's too late for that.

Under the assumption that the roommate was moving when the tenant moved, I'd put their stuff in the garage while the place is being renovated. make a reasonable effort to contact him. Hold his items for 30 days (not necessarily in the garage)then toss them
 
Sep 7, 2009
12,960
3
0
INAL - You should probably speak to one.
As far as you know, she left the stuff when she moved and didn't want it.
But, since you spoke with her, it's too late for that.

Under the assumption that the roommate was moving when the tenant moved, I'd put their stuff in the garage while the place is being renovated. make a reasonable effort to contact him. Hold his items for 30 days (not necessarily in the garage)then toss them


I'm really not into doing anything even borderline sketchy like this. Yes, in court that might hold up as long as he was unable to convince her to state that she told me he lived there.

I also don't want to deal with going to court over something so stupid nor the possibility of vandalism etc..
 

Blackjack200

Lifer
May 28, 2007
15,995
1,688
126
Yeah, I feel for you. I have someone's abandoned stuff in one of my rooms right now. Difference is that I brought this one on myself as I didn't properly screen this guy and allowed another tenant, who I had a good relationship with, vouch for him.

I guess I'm just glad that he didn't destory anything or steal anything. :/
 

BergeLSU

Senior member
Apr 6, 2011
475
0
76
Shouldn't you be able get permission from the actual tenant to throw that stuff away? As in tenant signing something that she has moved out, and is forfeiting anything left in the apartment.
 

Dr. Detroit

Diamond Member
Sep 25, 2004
8,449
860
126
All states are different!

Contact someone that knows the laws in your home state.
 

gevorg

Diamond Member
Nov 3, 2004
5,070
1
0
Your tenant should be responsible for that roommate, not you. It shouldn't matter to you what kind of agreement they had, it is her to whom you rented the place. Just move all that crap to public storage, and use her deposit to cover the costs (I hope you didn't let her use the deposit as a last month's rent). Make her deal with her "roommate", she already screwed you by cutting off January.
 

clamum

Lifer
Feb 13, 2003
26,252
403
126
So you figured the guy there was just a roommate of hers, but actually she was sub-leasing against the stipulation in your lease of "no sub-leasing"? That sucks man.
 

SMOGZINN

Lifer
Jun 17, 2005
14,320
4,590
136
I think he is subletting from her, and you can require that she remove the stuff by a certain date, or you will have it removed. I think it is her that he would have to sue.
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,674
146
106
www.neftastic.com
"Roommate" was not on the lease, nor known to you.

As far as you're concerned, items left belong to your tenant and no one else. Any other excuse is simply of convenience. If anything happens to "roommate's stuff", the onus is on the former tenant, not you, given that tenant never contacted you about a roommate, the lease never explicitly provided for or named a roommate, nor was there any agreement for a roommate on the premises. Your tenant is the responsible party for all issues here, and is responsible for resolving them in a timely manner to your satisfaction.

I am not a lawyer, except when it comes to dealing with disputes involving my children. Then I'm lawyer, judge, jury and executioner.
 
sale-70-410-exam    | Exam-200-125-pdf    | we-sale-70-410-exam    | hot-sale-70-410-exam    | Latest-exam-700-603-Dumps    | Dumps-98-363-exams-date    | Certs-200-125-date    | Dumps-300-075-exams-date    | hot-sale-book-C8010-726-book    | Hot-Sale-200-310-Exam    | Exam-Description-200-310-dumps?    | hot-sale-book-200-125-book    | Latest-Updated-300-209-Exam    | Dumps-210-260-exams-date    | Download-200-125-Exam-PDF    | Exam-Description-300-101-dumps    | Certs-300-101-date    | Hot-Sale-300-075-Exam    | Latest-exam-200-125-Dumps    | Exam-Description-200-125-dumps    | Latest-Updated-300-075-Exam    | hot-sale-book-210-260-book    | Dumps-200-901-exams-date    | Certs-200-901-date    | Latest-exam-1Z0-062-Dumps    | Hot-Sale-1Z0-062-Exam    | Certs-CSSLP-date    | 100%-Pass-70-383-Exams    | Latest-JN0-360-real-exam-questions    | 100%-Pass-4A0-100-Real-Exam-Questions    | Dumps-300-135-exams-date    | Passed-200-105-Tech-Exams    | Latest-Updated-200-310-Exam    | Download-300-070-Exam-PDF    | Hot-Sale-JN0-360-Exam    | 100%-Pass-JN0-360-Exams    | 100%-Pass-JN0-360-Real-Exam-Questions    | Dumps-JN0-360-exams-date    | Exam-Description-1Z0-876-dumps    | Latest-exam-1Z0-876-Dumps    | Dumps-HPE0-Y53-exams-date    | 2017-Latest-HPE0-Y53-Exam    | 100%-Pass-HPE0-Y53-Real-Exam-Questions    | Pass-4A0-100-Exam    | Latest-4A0-100-Questions    | Dumps-98-365-exams-date    | 2017-Latest-98-365-Exam    | 100%-Pass-VCS-254-Exams    | 2017-Latest-VCS-273-Exam    | Dumps-200-355-exams-date    | 2017-Latest-300-320-Exam    | Pass-300-101-Exam    | 100%-Pass-300-115-Exams    |
http://www.portvapes.co.uk/    | http://www.portvapes.co.uk/    |