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RIGHTS AND DUTIES OF TENANTS FLORIDA

RIGHTS AND DUTIES OF TENANTS FLORIDA

  • Posted: Jan 20, 2019
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RIGHTS AND DUTIES OF TENANTS

When a person pays rent to live in a house, apartment, condominium or mobile home, the renter becomes a tenant governed by Florida law. It doesn’t matter whether payment is made weekly, monthly or at other regular periods. Also, it doesn’t matter whether the apartment, house, condominium or mobile home is rented from a private person, a corporation or most governmental units. These facts are true even when there is no written “lease” agreement.

A tenant has certain rights and responsibilities under Florida law. These are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act. A tenant in federally subsidized rental housing has rights under federal law, as well. If there is no written lease, these laws regulate the tenant’s rights. There also may be a written lease that could affect a tenant’s rights. If there is a written lease, it should be carefully reviewed. The Florida Residential Landlord Tenant Act prevails over what the lease says.

A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant’s to lawfully use. The landlord may enter the dwelling only in order to inspect the premises or to make necessary or agreed upon repairs, but then only if the landlord gives the tenant reasonable notice and comes at a convenient time. If an emergency exists, the requirement for notice may be shortened or waived.

The landlord is required to rent a dwelling that is fit to be lived in. It must have working plumbing, hot water and heating, be structurally sound and have reasonable security, including working and locking doors and windows, and it must be free of pests. The landlord also must comply with local health, building and safety codes. If the landlord has to make repairs to make the dwelling fit to live in, the landlord must pay.

If the landlord contends that the tenant has violated the rental agreement, the landlord must inform the tenant in writing of the specific problem and give the tenant time to correct the problem – even if the problem is nonpayment of rent – before the landlord can go to court to have the tenant removed. Tenants receiving a nonpayment-of-rent notice should be aware that a landlord may accept part of the rent owed and still evict the tenant. Tenants renting condominiums should be aware that, in certain circumstances, the condominium association may demand that the tenant pay the rent to the association instead of the landlord. Tenants should consult an attorney in this case. If the tenant commits a serious act endangering the property (such as committing a crime on the premises) or fails to correct a problem after written notice from the landlord, the landlord still must go to court to be permitted to evict the tenant. In any court proceeding, tenants have the absolute right to be present, argue their case and be represented by an attorney.

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If the landlord requires the tenant to pay a security deposit, the landlord must preserve the deposit during the tenancy. In addition, the landlord must return the full amount of the deposit within 15 days after the tenant leaves the dwelling or give the tenant written notice of why some or all of it won’t be returned within 30 days after the tenant leaves the dwelling. The tenant then has the right to object in writing within 15 days of receipt of the notice. Under some circumstances, the tenant may receive the security deposit plus interest. Before moving out, the tenant must provide the landlord with an address for receipt of the security deposit, or else the tenant may lose the right to object if the landlord claims the right to keep the deposit money.

The tenant has the right, under certain very aggravated circumstances caused by the landlord’s neglect, to withhold rent. This can be done only when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes. Before rent is withheld, the tenant must give the landlord seven days’ written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should save the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment.

Finally, the tenant has the right to move out. If there is a written lease, the tenant should read the lease closely to see if it requires up to 60 days’ notice that the tenant does not intend to stay after the lease ends. If there is no written lease, the tenant may move out for no reason by giving written notice of the intent to leave no fewer than seven days before the next rent payment is due, if the rent is paid weekly, or 15 days, if the rent is paid monthly. The tenant may terminate the rental agreement if the landlord has failed to live up to a major obligation, provided the tenant has sent written notice to the landlord seven days before the rent is due (there are some exceptions to the right to move out).

If a landlord loses in court, the landlord may be held liable for any costs and attorney’s fees incurred by the tenant. If the tenant loses in court, the tenant may be liable for the landlord’s costs and attorney’s fees.

A tenant also has responsibilities that, if not observed, can lead to eviction. The tenant must pay the agreed-upon rent and do so on time. The tenant must comply with building, housing and health codes. The tenant must maintain the dwelling without damage, other than ordinary wear and tear, keep the dwelling clean and maintain the plumbing. The tenant must not violate the law or disturb the peace, nor allow guests to do so.

In trying to evict a tenant, a landlord will try to prove that the tenant violated a tenant responsibility. However, the landlord may not seek to evict a tenant in retaliation for legitimate complaints about housing conditions to proper authorities. No eviction can occur until the landlord first gives the tenant notice of the problem and then gets a court order. Without the court order, the landlord has no power to interfere with the tenant. The landlord cannot, for instance, lock a tenant out or cut off a tenant’s utilities. A landlord engaging in this type of prohibited practice may be liable to the tenant for damages in the amount of three months’ rent or actual damages, whichever is higher. The landlord must get a court order of eviction before interfering with the tenant’s occupancy.

If a tenant is served with papers seeking eviction, the tenant should immediately seek legal assistance. The tenant may have legal defenses. For instance, the landlord cannot try to get even with a tenant through eviction when the tenant has not violated tenant responsibilities. To raise defenses in an eviction proceeding, a tenant normally must pay into the court registry past-due rent if any is owed and rent that comes due during the proceeding. A tenant who disputes the amount of rent claimed to be due may ask the court to determine the correct amount, but the tenant must show why the amount is wrong. In an eviction proceeding, a tenant has very little time to respond, so quick action is important.

The landlord can never remove the tenant’s property or lock the tenant out. Only the sheriff’s office may do this, after a court order and writ of possession.

 

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Removal of a Tenant’s Belongings Without an Eviction Notice

Removal of a Tenant’s Belongings Without an Eviction Notice

  • Posted: Jan 11, 2019
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Removal of a Tenant’s Belongings Without an Eviction Notice

Illegal Removal of Tenant’s Belongings

Prior to the court’s decision about the complaint’s validity, the landlord cannot exercise any self-help or retaliatory measures against the tenant. He cannot remove the tenant’s personal belongings from the property, for instance, even though he may feel justified in doing so to recover lost rent. Only after the court has decided in favor of the landlord will it issue a “writ of possession” that orders the sheriff to remove the tenant and his belongings from the premises. The tenant will have five days from the writ’s issuance to voluntarily vacate the property. If he fails to do so, the sheriff will exercise the writ and forcibly remove him and his possessions.

 

Tenant’s Recourse to Illegal Removal of Belongings

The landlord has broken the law when he removes the tenant’s personal belongings before the court has issued a writ of possession. The tenant can then lodge a complaint with the court and be granted a judgment against the landlord for up to $100 per day for the time that the landlord illegally kept his property. The tenant can also hold the landlord liable for any damage to his property that occurred while in the landlord’s possession.

 

Legal Removal of Tenant’s Belongings

When a tenant has voluntarily vacated the property and has abandoned his personal belongings, the landlord may legally dispose of them after notifying the tenant of his intentions. His notice must advise the tenant when and where his belongings can be retrieved and any storage fee he must pay to release them. It must also note the landlord’s intentions for the property if the tenant fails to retrieve it. After the deadline for retrieval has passed, the landlord may legally dispose of it if it is valued at less than $300. Property that is worth more than $300 must be sold at public auction and the proceeds must be surrendered to the county, which it may return to the landlord once a timely claim is filed.

 

 

ABANDONED PROPERTY BY STATE

TABLE 1: DISPOSAL OF ABANDONED PROPERTY BY STATE

Alaska

§ 34.03.260

 A landlord must notify his tenant that unless he removes the property within at least 15 days, the landlord will sell it or, if valueless, otherwise dispose of it. If the tenant appears to remove property, he must pay storage costs. If the tenant does not remove it, the landlord may sell, destroy, or otherwise dispose of it.
Arkansas

§ 18-16-108

 All property left in and about the premises after termination of a lease are presumed abandoned and may be disposed of as the landlord sees fit. The property is subject to a lien in the landlord’s favor for payment of agreed upon sums.
Arizona

§ 33-1370

 When property is abandoned, the landlord must mail the tenant notice of his intention to take the property. The landlord must store it for at least 10 days. If the tenant does not attempt to recover it, the landlord may sell it and apply the proceeds towards any outstanding rent, costs the landlord occurred, and any other costs provided in the lease agreement. The landlord must mail excess proceeds to the tenant at his last know address.

If provided in the rental agreement, a landlord may destroy or otherwise dispose of property that is worth less than the total cost to move, store, and dispose of it at a public sale.

The landlord must keep adequate records and any excess proceeds for 12 months after a sale.
California

Civil Code § 1983 et seq.

 The landlord must send a notice to the place the tenant is expected to receive it that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 15 days (18 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property.

The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $300 will be kept, sold, or destroyed.

After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds.
Colorado

§ 13-40-122

 A sheriff may remove a tenant’s personal property when executing a writ of restitution. A landlord has no duty to store or inventory the property, or to determine its condition or ownership. If he elects to do so, he may charge the tenant for reasonable storage costs.

Table 1: Continued

Connecticut

§ 47a-42

 The state marshal executing the eviction must use reasonable efforts to locate and notify the tenant and any other previous occupants affected by the eviction of the date and time of the removal and possible sale of the property. The marshal must also give the chief executive officer (CEO) of the town where the rental unit is located a 24-hour notice of the eviction, stating the date, time, and location, and general description, if known, of the type and amount of property to be removed.

If the property is unclaimed, the marshal can set it on an adjacent sidewalk, street, or highway. If not immediately removed, the CEO must remove and store the property at the tenant’s expense. The CEO can sell, at a public auction, any property remaining in storage for more than 15 days after the eviction. He must make reasonable efforts to locate and notify the tenant of the sale, including posting a notice one week in advance of the auction on a public sign post located near the place of eviction or, if there is no sign post, at some exterior place near the town clerk’s office.

Within 30 days after the auction, the CEO must turn auction proceeds, minus a reasonable charge for removal and storage, to a tenant who asks for them. Absent a request, the CEO turns the proceeds over to the town treasury.
Delaware

25 § 5715

 If a tenant has not removed his property at the time the writ of possession is executed, the landlord can immediately remove and store the property for 7 days at the tenant’s expense. If the tenant does not claim the property and reimburse the landlord for removal and storage at the end of this period, the property is deemed abandoned and the landlord may dispose of it without further notice or obligation to the tenant.
Florida

§ 715.04 et seq.

 The landlord must send a notice, to the place the tenant is expected to receive it, that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 10 days (15 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property.

The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $500 will be kept, sold, or destroyed.

After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds.
Georgia

§ 44-7-55

 A writ of possession authorizes the executing officer to remove a tenant’s personal property and place it on some portion of the landlord’s property or on other property that the landlord designates and the officer approves. The landlord owes no duty to the tenant regarding it. After the writ is executed, the property is regarded as abandoned.

Table 1: Continued

Hawaii

§ 521-56

 The landlord may sell the property, store it, or donate it to a charitable organization. Before selling or donating it, the landlord must make reasonable efforts to notify the tenant, by mail, of the identity and location of the property and of his intention to sell or donate it. At least 15 days after the notice is mailed, the landlord may (1) sell the property after advertising the sale for at least three consecutive days in a daily paper of general circulation in the area where the premises is located or (2) donate the property to a charitable organization.

After deducting any unpaid rent and the cost of storing and selling the property, the landlord must hold proceeds in trust for the tenant for 30 days, after which time the proceeds are forfeited to the landlord.

The landlord may use his discretion to dispose of property that he determines is without value.
Idaho

§ 6-311C

 The sheriff or constable executing the writ of possession is authorized to place any property remaining on the premises in a safe place for storage. He can place a lien on the property to offset costs.
Indiana

§§ 32-31-4-1 to 32-31-4-5

 A landlord who is awarded possession of a dwelling unit by a court may ask for an order to remove any personal property remaining on the premises and deliver it to a warehouseman. Before removing the property, the landlord must personally serve the tenant at his last known address with (1) a copy of the order and (2) the identity and location of the warehouseman.

The warehouseman holds a lien on non-exempt property equal to the expenses for any of the following incurred by the warehouseman with respect to all of the property, whether exempt or not exempt: (1) storage, (2) transportation, (3) insurance, (4) labor, (5) present or future charges related to the property, (6) expenses necessary to preserve the property, and (7) expenses reasonably incurred in the lawful sale of the property.

A tenant may claim exempt property (i.e., a week’s supply of seasonable clothing, blankets, items necessary for a minor’s care and schooling, medically necessary property, or property used in the tenant’s trade or business) at any time without paying costs.

At any time prior to a sale, a tenant may claim his other property by paying the warehouseman the above-described expenses. A warehouseman may sell any nonexempt, unclaimed property 90 days the notice described above.

Table 1: Continued

Iowa

§ 555B.2

 A real property owner may remove abandoned personal property and place it in storage until a judgment of abandonment is entered or until the personal property owner pays a fair and reasonable charge for removal; storage; or other expense incurred, including reasonable attorneys’ fees. The real property owner must notify the sheriff of the county where the real property is located when the property is removed.

If the real property owner asks, the sheriff must notify the personal property owner, if known, of the removal. If the owner cannot be determined, and the real property owner so requests, the sheriff must give notice by one publication in a newspaper of general circulation in the county where the personal property was abandoned. If the personal property is not claimed within six months after notice, the sheriff must sell it at a public or private sale. After deducting sale costs, the sheriff must apply the net proceeds to the cost of removal, storage, notice, attorney fees, and any other expenses incurred for preserving the personal property. He must pay any remaining net proceeds to the county.
Kansas

§ 5-2565

 The landlord may take possession of the property, store it at tenant’s expense, and sell or otherwise dispose of it after 30 days. At least 15 days prior to the sale or disposition, the landlord must publish notice of his intention at least once in a newspaper of general circulation in the county where the dwelling unit is located. Within seven days after publication, the landlord must mail a copy of the published notice to the tenant at his last known address. The notice must include the tenant’s name, a brief description of the property, and the approximate date on which the landlord intends to sell or otherwise dispose of it.

During the time the landlord has possession, the tenant may redeem the property after paying the landlord for holding and preparing the property for sale and for any other outstanding debt, including rent.

Any proceeds from the sale or other disposition of the property must be used to offset (1) reasonable costs to store the property and prepare it for sale or disposition, give notice, and sell or dispose of it; and (2) any amount the tenant owes the landlord. The landlord may retain any residual.

Table 1: Continued

Maine

14 §§ 6005 and 6013

 Property that remains at a dwelling 48 hours after service of a writ of possession is deemed abandoned.

If the property is unclaimed and valued at less than $750, the landlord must place it in storage. The landlord must send written notice, including an itemized list of the property and the landlord’s intent to dispose of it, to the tenant’s last known address. If the tenant claims the property within 14 days after the notice is sent, the landlord must continue to store it for at least an additional 10 days to allow the tenant time to take possession. The landlord may condition the release of the property on the tenant’s payment of all rental arrearages, damages, and storage costs.

If the property remains unclaimed on the 14th day after notice or 10 days after the tenant claims it, the landlord may sell the property for a reasonable fair market price and apply all proceeds to rental arrearages, damages, and costs of storage and sale. All remaining balances must be forwarded to the state treasurer.

Abandoned tangible property valued at $750 or more must be reported to the state treasurer. If the treasurer refuses delivery and authorizes a landlord to sell it, he must sell it in a commercially reasonable manner.

After the sale, the landlord may apply any sale proceeds to unpaid rent, damages to the premises, and the expenses of storage, notice and sale. The landlord must report any balance and the records of the sale to the state treasurer.
Maryland

§ 8-208

 A lease may not contain any provision authorizing the landlord to take possession of the leased premises or the tenant’s personal property unless the lease has been terminated and the tenant has abandoned the personal property.

Table 1: Continued

Massachusetts

§ 239-3 and -4

 At least 48 hours before executing a writ of possession, the executing officer must give the tenant written notice of the specific date and time that he will physically remove his personal possessions.

Among other things, the notice must state (1) the name, address, and telephone number of the storage warehouse and (2) that the warehouser may sell at auction any property that is unclaimed after 6 months and may the proceeds necessary to compensate him for any unpaid storage fees accrued as of the date of the auction. A defendant has the option of telling the officer where to store the property at any time before it is physically removed.

The landlord must pay the removal fee, but he is entitled to reimbursement from the tenant.

The warehouser has a lien on the property equal to the cost of storage. After the property has been stored for at least six months, the warehouser may enforce the lien by selling or otherwise disposing of the property. The defendant may postpone the sale or disposal of his property for three months upon payment of one half of all storage fees plus costs reasonably incurred in preparation for their sale.
Minnesota

§ 504B.271

 A landlord must store the personal property belonging to a tenant who abandons the premises. The landlord has a claim against the tenant for reasonable moving and storage costs.

The landlord may sell or otherwise dispose of the property after 60 days and may apply a reasonable amount of the proceeds to the removal, care, and storage costs and expenses of any sale. He must pay any remaining proceeds to the tenant upon written demand.

The landlord must make reasonable efforts to notify the tenant at least 14 days prior to the sale, by personal service or mail to the tenant’s last known address or usual place of abode and by posting notice of the sale in a conspicuous place on the premises for at least two weeks.
Missouri

§ 441.065

 A landlord may remove or dispose of any property that remains in or at the premises after the tenant abandons it. The property is deemed abandoned if the:

(1) landlord has a reasonable belief that the tenant has vacated the premises and intends not to return and posts written notice of abandonment on the premises and mails a copy of it to the tenant’s last known address;

(2) rent is due and has been unpaid for 30 days; and

(3) tenant fails to either pay rent or respond in writing to the landlord’s notice within 10 days.

The notice must include a warning that the landlord may dispose of the property remaining on the premises unless the tenant contacts the landlord within 10 days and informs him that the property is not abandoned.

Table 1: Continued

Montana

§ 70-24-430

 If a tenancy terminates and the landlord reasonably believes that the tenant has abandoned all personal property left on the premises, the landlord may inventory and store the property with a commercial storage company.

The landlord must:

(a) make a reasonable attempt to notify the tenant that he plans to move the property;
(b) notify the local law enforcement office that he has the property;

(c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and
(d) send a notice to the tenant’s last-known address stating that at a specified time, not less than 15 days after mailing the notice, the property will be disposed of if not removed.

After the 15 days, the landlord may sell, destroy, or otherwise dispose of the property.

If, after receiving notice, the tenant informs the landlord that he intends to claim the property and does so within 7 days thereafter, the landlord is entitled to storage costs for the period that the property remains in safekeeping, plus the cost of removal of the property to the place of storage.

If the property is sold, the landlord may deduct from the proceeds of the sale the reasonable costs of notice, storage, labor, and sale and any delinquent rent or damages owing on the premises and must remit the remainder to the tenant. If the tenant cannot after due diligence be found, the remaining proceeds must be deposited with the county treasurer for the county where the sale occurred.

Table 1: Continued

Nebraska

§§ 69-2303 to -2314

 When personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, the landlord must give written notice (1) describing the property in a manner reasonably adequate to permit the owner to identify it, and (2) informing the tenant that the property will be sold at a public sale or (3) informing the tenant that he believes the property is worth less than $250 and will be destroyed, sold, or otherwise disposed.

The landlord must release the property if the tenant claims it prior to a sale and pays the reasonable costs of storage, advertising, and preparation for sale.

The landlord must give notice of the time and place of the public sale by advertising it once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. If there is no such newspaper in the county, the landlord must post the advertisement for at least 10 days before the sale in at least six conspicuous places in the neighborhood of the proposed sale.

After deducting the reasonable costs of storage, advertising, and sale, the landlord must remit to the state treasurer any residual that is not claimed by the tenant.
Nevada

§§ 118A.450 and .460

 If a landlord has notice that a tenant has abandoned leased premises, he may dispose of the tenant’s personal property. In the absence of notice, a tenant is presumed to have abandoned premises if he is absent for a period of time equal to one-half the time for periodic rental payments, unless the rent is current or the tenant has in writing notified the landlord of an intended absence.

The landlord may dispose of the abandoned property or property left on the premises after an eviction by storing it for 30 days, during which time the tenant may claim it after paying inventory, moving, and storage costs.  After the 30 days, the landlord may dispose of the property and recover his costs if he has (1) made reasonable efforts to locate the tenant and (2) notified the tenant in writing of his intention to dispose of the property and 14 days have elapsed since the notice was given. The landlord must mail the notice to the tenant’s present or last known address.
New Hampshire

§ 540-A:3 (VII)

 A landlord must maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of 28 days. During this period, the tenant can recover his property without paying rent or storage fees. After the 28 days, the landlord may dispose of the property without notice to the tenant.

Table 1: Continued

New Jersey

§§ 2A:18-72 to -82

 If a landlord believes a tenant has abandoned personal property remaining in a dwelling unit, the landlord may dispose of it. Before the disposal, the landlord must notify the tenant that the property (1) is considered abandoned and that it will be stored for 30 days (33 days if the notice is mailed) and (2) will be sold at a public or private sale or disposed of or destroyed if believed to be of little value.

The property is presumed abandoned if the tenant (1) responds to the notice within the 30 days (or 33 days, as appropriate) but does not claim the property or (2) does not respond to the notice.

If the tenant claims the property, he must pay the landlord for removal and storage.

After 30 days, the landlord may sell the property and deduct from the proceeds the reasonable costs of notice, storage, and sale, and any unpaid rent and charges not covered by a security deposit.  After deducting these amounts, the landlord must give the tenant the difference. If the tenant cannot be found, the landlord must turn the remaining proceeds over to Superior Court.
North Carolina

§ 47-25.9 and § 42-36.2

 After an eviction and notice specifying the date a sheriff will execute a writ of possession, a tenant has up to 10 days to contact the landlord and arrange to take possession of the property. During the 10 days, the landlord must store the property in a county warehouse. After 10 days (or five days if the property’s value is less than $100), the landlord may dispose of or sell the property. If the landlord chooses to sell the property, he must give seven days notice in writing to the tenant, which may run concurrently with the 10-day period. The landlord may use sale proceeds to offset any remaining rent, damages, storage fees, and the cost of the sale. He must give any surplus to a tenant who asks for it or to the county where the property is located if no one asks.

If the property is worth less than $500, the landlord may donate it to a nonprofit organization that agrees to store it for 30 days. The landlord must post a notice of the property’s location at the vacated premises and mail the tenant a copy of it. The organization must release the property at no charge if the tenant comes to claim it within 30 days.
North Dakota

§ 47-16-30.1

 A landlord may dispose of property, without legal process, that is valued at less than $1,500 and left for more than 30 days after a writ of possession is executed. The landlord may recover his storage, moving, and sale expenses from either sale proceeds or the tenant’s security deposit.

Table 1: Continued

Oklahoma

§ 41-130

 When property is left on the premises after a tenant has been lawfully removed, the landlord may dispose of the property in any manner he chooses if he determines that it has no ascertainable value. If the landlord determines that the property has value, he must send the tenant notice at his last-known address of his intention to dispose of the property after 30 days property. During that period the landlord must store the property.

If the tenant removes the property within the 30 days, he is liable to the landlord for removal and storage costs. If he does not, the landlord may dispose of it.
Oregon

§ 90.425

 When property is left on the premises after a tenant has been lawfully removed, the landlord must give the tenant written notice at his last-known address that the: (a) property is considered abandoned; (b) the tenant must contact the landlord within five days after personal delivery (or eight days after mailed notice) to arrange for removal; and (c) the property is being stored, including the storage location.

If the tenant fails to contact the landlord by the specific date, or after that contact fails to remove the property within 15 days, the landlord may sell or dispose of the property.

The landlord may deduct from any sale proceeds the reasonable or actual cost of notice, storage, and sale, and unpaid rent. The landlord must turn any residual over to the tenant.
South Dakota

§§ 43-32-25 to 43-32-26

 The landlord may dispose of any property valued at $100 or less that a tenant leaves in a dwelling unit for more than 10 days after he has vacated.

The landlord must store property valued at over $100 for at least 30 days and place a lien on it cover storage and handling. After 30 days he may consider the property abandoned and dispose of it.
Tennessee

§ 66-28-405

 Property remaining on premises is considered abandoned after (1) a tenant has been absent for at least 30 days without explanation or (2) at least 15 days have passed since the tenant was supposed to pay rent and it appears to the landlord that he has vacated the premises.

Under the latter circumstance only, the landlord must notify the tenant of his intention to take possession of the property within 10 days unless he is contacted. If the tenant does not contact him, the landlord can remove tenant’s belongings from the premises and store them for not less than 30 days. If during this time the tenant does not recover his possessions, the landlord can sell or otherwise dispose of the property. He can apply sale proceeds to any unpaid rent, damages, and storage fees.

Table 1: Continued

Texas

§ 24.0061

 A writ of possession must order the executing officer to post a written warning that the property subject to it, if not removed, will be placed at a nearby location that does not block a public sidewalk, passageway, or street.

The executing officer or a bonded warehouseman may remove and store the property at no cost to himself or the landlord. The landlord is not required to store the property.
Utah

§ 78-36-12.6

 The landlord may move the property from the premises, store it and recover the costs of moving and storage from the tenant. The landlord must make reasonable efforts to notify the tenant about the location of the property. If in 30 days the tenant does not recover the property, the landlord may sell it and cover his expenses or donate the property.
Vermont

9 § 4462

 If a tenant abandons his dwelling unit, the landlord must send him a written notice of his intent to dispose of any unclaimed property after 60 days. During this time the landlord must store the property in a safe place. After 60 days, the landlord owns the property and may dispose of it as he sees fit.

If the tenant appears to claim the property, he must pay storage and other fees.
Washington

§§ 59.18.310,

59.18.312

 A landlord may store property remaining when a sheriff executes a writ of restitution unless the tenant objects to storage. If the tenant objects, the landlord may place the property on the nearest public property.

If the landlord stores property valued at $50 or less, he must give the tenant notice that he intends to sell or dispose of it after seven days unless it is reclaimed. If the property is valued at over $50, the landlord must give the tenant notice that he intends to sell or dispose of it after 45 days unless it is reclaimed. The landlord must apply and sale proceeds to any outstanding debts the tenant owes the landlord, including rent and storage of the property. The tenant can claim any excess income from the sale for up to one year. After one year, the balance becomes the landlord’s property.
West Virginia

§ 37-6-6

 If a tenant abandons his property while he owes a landlord rent, the landlord must post a notice on the property requiring the tenant to pay the rent within 30 days. If the rent is not paid, the landlord may take, dispose of, or otherwise remove the property after notice.

The notice must state that the property is considered abandoned and the landlord’s intentions if it is not claimed within 30 days. After the 30 days, the landlord is the property owner and can dispose of it. If, however, the property is valued at $300 or more, the tenant may ask the landlord to store it for up to an additional 30 days so that he has time to claim it.

Table 1: Continued

Wisconsin

§ 704.05(5)

 If a tenant leaves property behind, the landlord can:

● store it and place a lien on it for the cost of storage. The landlord must notify the tenant within 10 days after storage charges are imposed. Medicine and medical equipment must be promptly restored to the tenant and are not subject to the lien.

● notify the tenant that the he intends to sell or otherwise dispose of the property unless it is claimed within 30 days. The landlord can deduct sale and storage costs from the sale proceeds. The tenant may claim any residual within 60 days after the sale; otherwise the landlord must send it to the Department of Administration.

● store the property without a lien and return it to the tenant.
Wyoming

§ 1-21-1210

 Once a lease is terminated, a landlord may immediately dispose of any remaining on the premises. Such property is presumed to be valueless and abandoned.

The landlord must give the tenant notice that describes the property and states his intention to dispose of it after seven days. If the tenant informs the landlord to reclaim the property within the seven days, the landlord must hold it for an additional seven days. If the tenant does not claim it or does not respond to the notice, the property is conclusively deemed abandoned and the landlord may retain or dispose of it.

The tenant is responsible to the landlord for reasonable removal and storage costs.

 

 

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Learning Guide to the Eviction Process in Minnesota

Learning Guide to the Eviction Process in Minnesota

  • Posted: Dec 28, 2018
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Guide to the Eviction Process in Minnesota

An eviction action (known as Unlawful Detainer) is a court action in which a landlord asks to recover possession of the apartment or rental home from a tenant. A landlord must follow the proper legal process, and may not forcibly remove the tenant, exclude the tenant from entering the building or rental unit, change the locks, or shut off the utilities. The following information was generously provided by NationalEvictions.com

You will find on our website more information for Landlords for Filing and Tenants for Defending an Eviction.

 

Most common reasons for filing an eviction:

A. Nonpayment of Rent
What happens when the tenant renting your Minneapolis apartment stops paying the rent? You may file an eviction action against the tenant for failing to pay the rent when it was due. However, the tenant may stop the eviction (called “redeeming the tenancy”) by paying past due rent, costs of the eviction action (including the court filing fee), and other requirements under the lease.

B. Lease Violations
What happens when the tenant renting your St. Paul duplex violates one of the terms of your lease? The lease must contain a “right of re-entry” or eviction clause for the landlord to evict a tenant for a material breach of the lease (except for nonpayment of rent and statutory violations). This clause gives the landlord a right to evict the tenant for violating lease provisions like disturbing other residents, causing damage to the property, unauthorized persons living on the property, or unauthorized pets.

A landlord may evict a tenant who engages in the following illegal activities prohibited by MN statute:

  • Unlawful controlled substances in the premises or common area
  • Unlawful use or possession of a firearm
  • Stolen property in the premises or common area
  • Prostitution
  • Criminal gang activity

C. Tenant Remains in the Apartment or Rental Home After Getting a Notice to Vacate (holding over)
A holdover tenant is one whose lease has expired, or where proper notice to vacate was given, but the tenant remains in the rental unit without the landlord’s consent.

 

Eviction Action Procedure

It is important to serve the tenants properly when moving forward with an eviction action on tenants living in Minneapolis, St Paul, or Minnesota rental properties. Without proper service, the court will lack jurisdiction and the landlord may have to start over or ask the court to reissue the summons.

1. File the Complaint, Including:

  • The full name and date of birth of the tenant(s), unless not known.
  • Naming each adult resident whether or not named in the lease (use “John Doe” or “Jane Doe” if necessary).
  • Full address of the rental property for which you are trying to regain possession.
  • Facts which explain the reason for the eviction.
  • Request to recover the property (re-gain possession).

The complaint may be signed by the property owner, attorney for the property owner (an attorney may be required if the property owner is a corporation), the person entitled to possession of the property, or an agent designated by the property owner (the agent must file a “Power of Authority in Eviction Action” with the court at the time of filing the complaint.

2. Get a Summons from the Court
The court will issue you a summons, which is a written notice that informs the defendant (the tenant in this situation) that a legal action has been filed and will be heard on a specific day. You must serve the summons at least 7 days before the court date as required by MN statute, and proof of service must be filed with the court in accordance with local court rules.  – Finding Process Servers for Service of the Summons and Complaint Court Paperwork from our Directory of Process Servers on NationalEvictions.com

The Landlord Must Show Compliance with Minnesota Statute 504B.181

  • Disclose in writing to the tenant and post in a conspicuous (easily noticeable) place on the premises the name and address of the person authorized to manage the premises (that is probably you, the landlord) and the landlord or agent authorized to accept service of process and receive and give receipt for notices and demands. OR
  • Tenant must have been aware of this information at least 30 days prior to filing the action.
  • The landlord must bring a copy of the complaint for each tenant and pay the court filing fee.

3. Serve the Summons and Complaint to the Tenant
Properly serving the tenant is critical. If the landlord doesn’t serve the renter properly, the court will lack jurisdiction and the landlord may have to start over or ask the court to reissue the Summons. The following is the proper way in which to serve the summons and complaint:

Personal Service

  • Must be served by a person NOT NAMED a party in the action.
  • Must NOT be served on a Sunday or legal holiday.
  • If personal service is unsuccessful, you may try:

Substitute Service
If the tenant cannot be found in the county, service can be made on a person of suitable age and discretion who lives with the tenant. If personal or substitute service was successful, the process server (the one who served the summons and complaint) files a notarized Affidavit of Service with the court. If personal or substitute service was unsuccessful (service on the tenant was attempted twice, on different days, with at least one of the attempts made between the hours of 6:00 pm – 10:00 pm, you can try ‘Mail and Post.’

Mail and Post
With Mail and Post, the summons and complaint are mailed to the tenant’s last known address and posted at the premises (e.g. posted on the door). This procedure requires the preparation of affidavits, court filings of the affidavits, mailing, and posting in proper order. Failure to do the steps and filings in the correct order can result in a case getting dismissed.

  • The Summons and Complaint are mailed to the renter’s last known address.
  • The process server signs a notarized Affidavit of Not Found.
  • The landlord or landlord’s attorney or agent completes notarized copies of the Affidavit of Plaintiff and Affidavit of Service by Mail.
  • The Affidavit of Not Found, Affidavit of Plaintiff, and Affidavit of Service by Mail are filed with the court.
  • The Summons and Complaint are posted on the premises at least 7 days before the court date.
  • The Affidavit of Service by Posting is completed and filed with the court.

4. Eviction Trial
At trial, the burden is on the landlord to show that he or she is entitled to regain possession of the premises. Proof is often shown through the use of witnesses with firsthand information, photographs, landlord testimony, and documents like the lease, payment records, and correspondence with the tenant.

Common Defenses Used By Tenants

  • Procedural Defenses – Landlord executed service improperly and/or completed the forms improperly.
  • Habitability Defenses – Landlord failed to make repairs or comply with the covenants of habitability.
  • Retaliation Defenses – Landlord took action in retaliation of tenant’s exercise of legal rights.
  • Waiver of Eviction by Rent Acceptance – Landlord accepted rent payment after eviction action was filed without a written agreement.
  • Trade Name Not Registered – Business operating under an assumed trade name not registered with the Secretary of State.
  • No “Right of Reentry Clause – Eviction action filed for a lease violation, but there was no “Right of Reentry” clause in the lease.

5. Notice of Eviction
If the landlord prevails at trial, a Writ of Recovery of Premises and Order to Vacate may be requested by the landlord for a fee. The sheriff must service the notice upon the tenant who then has 24 hours to vacate the premises. The court may suspend the issuance of the writ for up to 7 days upon showing by the tenant that immediate vacation of the premises would impose a substantial hardship.

If the tenant fails to comply with the demand to vacate the premises, the landlord must schedule a move-out date with the sheriff and notify the tenant of the time scheduled with the sheriff. The landlord may store the tenant’s personal property on the premises or use a licensed and bonded moving company to remove and store at another location.

Many times Taking a Tenant can be complicated for any property Owner. If you wish to hire an Attorney to take care of an Eviction – Find Law Firms on our Directory on NationalEvictions.com

 

 

 

 

 

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CITIES CAN SAVE MONEY BY PROVIDING LAWYERS FOR TENANT EVICTIONS

CITIES CAN SAVE MONEY BY PROVIDING LAWYERS FOR TENANT EVICTIONS

  • Posted: Dec 23, 2018
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CITIES CAN SAVE MONEY BY PROVIDING LAWYERS FOR TENANT EVICTIONS

Landlord-tenant court is a notoriously nasty place. In New York, for example, housing court has become a tool of landlords trying to push out rent-controlled tenants. In Philadelphia, one out of every 14 tenants faces eviction every year, and those fights play out in housing court.

Those legal battles are costly for the city, and often confusing for tenants who don’t always know the law and procedures, and struggle to keep up with the jargon. Low-income tenants especially face difficulties since they cannot afford lawyers.

But a new study put together by the consulting firm Stout, and ordered by the Philadelphia Bar Association, could make headway into changing that. The report looks into the costs and benefits of providing city-sponsored lawyers to low-income tenants facing eviction. In 2017, Philadelphia began a pilot program providing these services to low-income tenants in specific zip codes.

“In the past year and a half we’ve seen major improvements in awareness and investment by the city in housing and eviction issues,” says Rasheedah Phillips, a lawyer who represents low-income tenants in Philadelphia.

The findings are dramatic: By investing less than $4 million into providing universal access to counsel for low-income tenants facing eviction, the report estimates that the city could save $45.2 million annually by drastically reducing the number of disruptive evictions, so named because they painfully disrupt the lives of the tenants evicted.

Disruptive evictions cost the city in many ways: It incurs education, juvenile justice, and welfare costs associated with homeless children; the costs of social services for tenants who lose their jobs because of disruptive evictions; increased law enforcement and incarceration costs associated with larger homeless populations; and homelessness services costs.

But the costs to tenants are even higher. Tenants who are evicted often take huge hits to their credit scores that affect their ability to rent again, and they can lose their subsidized housing vouchers. Moreover, children who endure evictions often lose significant time from school, or switch schools mid-year. And in some of the neighborhoods with the highest eviction levels, evictions lead to community instability.

According to the report, only 5 percent of tenants who have attorneys are actually evicted because of eviction proceedings. But among those who aren’t represented, that number balloons to an astounding 78 percent. That’s what strains the city’s budget. Here’s what the report says:

 

 

And then there are costs to the courts. “Those who use our legal services tend to be people who are repeat clients,” Phillips said. “Having an attorney allows us to look at the issues ahead and work to minimize the barriers that might bring the person back to court again.”

This is one of the ways universal access to representation for low-income tenants facing eviction could help keep costs down. If fewer cases even make it to court, the courts save money.

Philadelphia is still a long way away from transforming its pilot program into something available to all tenants. But the report will help, Phillips says. “The Stout report will go a long way toward justifying the need, but it’s a major investment in something that you don’t have upfront results for.”

Advocates in Philadelphia do have an example to look at. In August of 2017, New York City became the first city in the nation to provide universal access to representation for low-income tenants. A five-year pilot program that reduced evictions in the zip codes it served by nearly 30 percent, and the activism that surrounded it, led to the passing of Local Law 137.

“There’s a general nationwide movement to provide legal services for low-income individuals in a wide variety of areas,” says Ethan Fogel, a lawyer who worked between Stout and Philadelphia’s legal aid programs to create the report. The constitution enshrines the right to an attorney in all criminal proceedings, and activists have long sought to expand those protections to important civil areas like housing court, family court, and others.

In Philadelphia, they’re well on their way. Phillips points to a supportive city council and mayor, who created a task force on eviction prevention in 2017. The struggle will be scaling the pilot program quickly and efficiently to serve more people. Fogel is optimistic.

“I don’t see that there should be obstacles. There are logistical issues to work out, but I think this report is so supportive,” he says. “I hope I’m right.”

 

 

Find out more about Evictions, The Process of an Eviction in your State, Forms you can Download for an Eviction, Laws in your State, Landlord help pages and Tenant Defending an Eviction

Everything can be found on NationalEvictions.com

Find out how you can get your company listed on our Directory to be Seen and Used by Clients

 

 

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Seattle Mariners have pledged $3 million for a new effort to prevent low-income renters facing evictions

Seattle Mariners have pledged $3 million for a new effort to prevent low-income renters facing evictions

  • Posted: Dec 22, 2018
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Home Run, Seattle Mariners have pledged $3 million for a new effort to prevent low-income renters facing eviction from falling into homelessness.

The Seattle Times’ Project Homeless is funded by BECU, The Bill & Melinda Gates Foundation, Campion Foundation, the Paul G. Allen Family Foundation, Raikes Foundation, Schultz Family Foundation, Seattle Foundation, Seattle Mariners, Starbucks and the University of Washington. The Seattle Times maintains editorial control over Project Homeless content.

The partners estimate they could help as many as 4,000 people.

 

The move follows a September report by the Seattle Women’s Commission and KCBA revealing that more than half of Seattle renters who were hit with evictions notices in 2017 owed one month’s rent or less, or a median cost of $1,250. The report found that many who were eventually evicted ended up homeless.

The investment by Mariners, who are a funder of The Seattle Times Project Homeless, also comes amid increasing calls on the private sector for a stronger response to the region’s homelessness crisis.

Fred Rivera, the Mariners’ executive vice-president and general counsel, said the team has been on the lookout for opportunities to address the region’s ongoing homelessness crisis in an innovative way. After reading a draft of the evictions report, Rivera, who sits on the boards of both the KCBA’s charitable foundation and United Way, contacted both organizations to talk about how they could partner to address the problem.

“I was shocked and surprised by it,” Rivera said Friday. “When you look at the costs related to homelessness, the amount of money that people were in arrears is a really small amount.”

Working with the United Way and KCBA, the team designed a program patterned after initiatives in New York City that provide funding for people who can no longer pay their rent and facilitate mediation with landlords. Advocates say that even if a person has to vacate an apartment, mediation can help renters avoid a blight on their credit record, which could make it hard to find housing in the future.

“I think this is a good step toward addressing the eviction crisis,” said Xochitl Maykovich, Seattle Women’s Commission co-chair and one of the lead authors of the evictions report. “I do want to emphasize that lack of resources is not the only problem for tenants facing eviction. We need City Council members and state legislators to take action to reform our archaic and inhumane eviction process.”

 

Lauren McGowan, United Way senior director, said Home Base will create a “one-stop shop” for people facing evictions.

“If we’re really going to make headway on this issue, prevention is a way to do it,” she said. “We’re going to try to halt whatever is about to happen and keep people inside if we can. But if they are already evicted, we need to get them to homelessness system.”

The Mariners’ contribution will pay for the first year of the initiative. McGowan said the partners will look for additional funding to keep the initiative going.

written by: Vernal Coleman: 206-464-3304 or vcoleman@seattletimes.com; on Twitter: @VernalColeman.
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