Legal Removal of Unwelcome House Guests

Posted: Jun 28, 2019
By: NatEvict
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Legal Removal of Unwelcome House Guests

Any uninformed attempt to “evict” an uncooperative and unwanted house guest can be frustrating and costly for both tenant and landlord. The first step is to establish whether the house guest is a lodger, a bonafide house guest, or a roommate. Legal definitions may vary slightly from state to state, so check with our local housing department for details.

Family members and friends can wear out their welcome through an over-extended stay. When this happens, the most general and direct option is to ask them to leave. Beyond a simple request, other legal options to remove a family member will be governed by the laws of your state.

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Tenant or Licensee?

Before you begin any legal action, you must first determine how the law classifies the unwanted family member: Are they a licensee or are they now a tenant? A family member or friend occupying your home may be considered a tenant regardless of whether a lease was signed or rent was paid. If the family member paid for things like utilities or food, the payment of these expenses can be considered rent. Accordingly, some state laws will treat them as a tenant. To remove them from the premises you will have to file a formal eviction proceeding (known as an unlawful detainer action) as in any other landlord-tenant relationship.

If no form of rent has been paid, many states permit you to simply ask the family member to leave and remove their belongings without any legal proceedings. However, in other states, someone who enters your home and stays with your permission will be classified as a licensee. This status grants the family member more rights than a general guest. To revoke the permission you gave them to remain on your property, you will need to go through the steps of a formal eviction to have them legally removed.

Preparing for Eviction

If your state’s laws classify the family member as a tenant or licensee, your next step is to prepare for an eviction, or unlawful detainer action. Before you can file suit, you must first serve your family member or friend with a notice to vacate (or notice to quit) the premises. This is a more formal way of asking the person to leave your home. The notice must be given before the suit is filed. In some states this notice can be for as little as 3 days prior, in others, as much as 30 days. Each state has its own rules regarding how and when to serve the notice. Be sure to follow all legally required steps. If your family member or friend fails to leave by the requested date, you can then file an eviction petition.

Once you file your petition, you must request an unlawful detainer hearing. This is a short court hearing in which you explain the reason for the eviction and present evidence of the prior notices to vacate. If the judge agrees with you, the judge will issue an order of eviction and a writ of possession (or your state’s equivalent). The order will usually set a vacate date for the family member or friend. If they still refuse to leave in violation of the order, you can then call law enforcement and to have them removed, using physical force if necessary.

Eviction or unlawful detainer actions are not generally complicated lawsuits. However, the rules of tenancy and procedure vary by state. Before jumping into a lawsuit, you should speak with an attorney in your area to learn your state’s rules and local procedures. They can advise you on the correct legal steps required in your jurisdiction. While having an attorney represent you in this type of case is not mandatory, you can avoid more problems by having one. If you fail to comply with all of your state’s eviction procedures you will delay removal of the unwanted guest. You may even find yourself on the receiving end of a lawsuit for unlawful eviction. Remember, follow the law and don’t be tempted to use self-help measures such as changing the locks or physically removing the person yourself.

Protective Order

Finally, if a family member or friend living in your home is abusive and putting you in fear for your safety, the quickest temporary solution under such circumstances is to apply for a protective order from your local family court or criminal court. Depending on the laws in your state, a protective order can exclude the unwanted family member from using the residence for 30 days or for a number of years. Even if a protective order is granted, you should still consider eviction proceedings to remove the unwanted family member permanently.

Rights of Homeowners

In general, if you own and live in the dwelling unit or home, and the individual rents a room in the dwelling, he or she is considered a lodger. As a homeowner, you have the right to terminate the lodger’s tenancy by written notice to vacate. If you are unsure of what the notice should outline, written notice to vacate templates are readily available through a number of reputable online sources.

Written notice is usually served with a 30 day notice period. Once the period expires, any agreement that you may have with the lodger is terminated by operation of the law. Homeowners in these cases are also entitled to police assistance in removing the individual from the home. Formal eviction procedures are not required in these cases.

Rights of Renters

If you are renting a home or apartment, working on a solution within the letter of the law can be more difficult. Lodging laws do not apply to renters. Renters do not own the unit or home, so they are not entitled to the same legal options as homeowners. If you have a house guest and would like them to leave, you must establish whether the guest is a roommate or truly a guest. Unfortunately, the guest can delay any legal action by fabricating a story about an oral rental agreement between you, the renter, and the guest.

To have the house guest removed via legal proceedings, the renter must establish that he or she has control over the unit and is responsible for maintaining the unit. The renter must also prove that he or she is the only person with a set of keys to the unit, that he or she is the only person paying the rent, and that he or she has been living in the unit from the beginning of the lease up to the date of the complaint. Unfortunately, there is a catch. If the house guest has been living in the unit for more than 30 days, the courts might consider him or her a tenant. In this case, you may only terminate tenancy by formal written notice, regardless of whether the individual’s name is on the lease. If the house guest (who is now considered a tenant) does not vacate within the notice period, you will have to begin formal eviction proceedings.

For unwanted house guests that have been living in the rental unit or home for less than 30 days, the laws are disturbingly sparse. Although the law might not recognize the individual as a tenant, any physical attempt to remove the individual could result in a lawsuit. For example, if you place the individual’s property on the lawn or street and change the locks, the individual might attempt to sue for unlawful eviction by claiming that he had a verbal agreement with you. The individual may also attempt to sue for any perceived damages to his or her property. In cases such as this, the best way to protect yourself would be to serve a formal written notice of termination of tenancy. If you feel that written notice will not be enough to get rid of the house guest, do not wait until the last minute to begin the eviction process. Be prepared to file eviction papers as soon as the notice period ends.

Tags: Eviction Information, Landlord Information

The Portland City Council adopted a slate of new polices allows tenants to pay security deposits in installments

Posted: Jun 22, 2019
By: NatEvict
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The Portland City Council on Wednesday adopted a slate of new polices intended to make landlords more forgiving of criminal records and poor credit when screening prospective tenants.
The ordinance also allows tenants to pay security deposits in installments over three months.

The Portland City Council on Wednesday adopted a slate of new polices intended to make landlords more forgiving of criminal records and poor credit when screening prospective tenants.

The council voted 3-1 to approve what its champion, Commissioner Chloe Eudaly, called the most comprehensive reform of its kind in the country. Commissioner Amanda Fritz cast a “no” vote; Commissioner Jo Ann Hardesty was absent, though she expressed support Wednesday on her Facebook page.

A companion measure that requires landlords to more throughly account for security deposit funds withheld for repairs passed along the same line. That ordinance also allows tenants to pay security deposits in installments over three months.

The policy, which will take effect in March, is intended to increase access to housing for people who have been locked out of the conventional market because of years-old convictions or financial defaults. It’s doubly needed in a city where affordable rentals are in short supply, Eudaly said.

Long-standing federal fair housing laws that bar discrimination against protected classes such as race, sex and familial status don’t go far enough, Eudaly said. Red flags used by the rental housing industry to weed out problem tenants aren’t an accurate predictor of whether the renters would miss payments or violate their lease, she said.

“Research and data have laid a solid foundation for the decisions we made,” she said.

Fritz, the lone dissenter on the council, said she agreed with the goals of ending the disparate treatment of non-white renters revealed in years of fair housing audits conducted by the city.

But she went on to raise concerns about the lack of exemptions for violent crimes. And she said the policy as written would push landlords to sell their properties and developers to build outside of the city, ultimately pushing rents higher.

“Many people can no longer afford to rent in Portland,” she said before casting her vote. “This policy not only doesn’t solve for this problem, it may exacerbate it.”

The ordinance sets “low-barrier” screening criteria for landlords to use when they evaluate a renter’s application. It would limit checks to felony convictions within the past seven years and misdemeanors within the last three years. Renters wouldn’t be rejected for credit scores below 500, a court eviction order older than three years or insufficient credit history.

Landlords also can use their own criteria, but they must then provide written justification for denying a rental application.

Landlords have said few would choose the low-barrier screening criteria because it could put their property or other tenants at risk. But the alternative — providing written justification — will add to their administrative costs and push some landlords out of the business, they said.

In all cases, the policy would require landlords to advertise vacancies 72 hours before they begin accepting applications and to evaluate applications in the order they’re received.

And they can’t require tenants to earn more than two-and-a-half times the monthly rent in income. Many landlords today require renters to make three times the monthly rent.

The official rules for the policy will be drafted by the Portland Housing Bureau, which will also provide an annual report on whether the rules are working as expected. Council members who supported the policy said the city would put on a robust effort to inform landlords and tenants alike of the new rules before they take effect.

The new rules add to a litany of renter protections and housing regulations put in place by the city and the state government in recent years.

Portland in 2016 mandated that developers of new apartments include rent-restricted units. In 2017 it began to require landlords to pay thousands of dollars to renters who move because of big rent increases or evictions without cause, a policy that remains the subject of a legal challenge.

This year, the state capped rent increases at 7 percent plus the rate of inflation and it banned landlords from evicting tenants without stated cause. In the cases where tenants can be evicted without violating their lease — to remodel or sell the home, for example — the landlord would have to pay the tenant one month’s rent to offset the cost of moving.

Tags: Eviction Information, Landlord Information, Legal Articles, Oregon Eviction Articles

One would think it would be pretty easy to locate people with the plethora of information available on the Internet

Posted: Jun 22, 2019
By: NatEvict
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One would think it would be pretty easy to locate people with the plethora of information available on the Internet.

And generally it is, as we found in our recent review of some commercially available databases. While it’s not “free” (what most people on the interwebs are looking for), it’s easier today to locate people than it has ever been.

But that has a number of caveats.

1) The person has a common name

Common names are the bane of one’s existence when you are trying to locate someone. Unless you have the full name, date of birth, and social security number, as well as a hair sample, DNA, and a handwriting exemplar, you are never going to find James Smith from New York.

OK, that might be a bit excessive, but unless you have LOTS of information on someone with a common name, they are going to be really tough to find. And when I say LOTS, I don’t just mean a description of physical characteristics or a recollection of a tattoo.

2) Technology is not what you see on TV

Your favorite crime drama probably showed a blurry photo from a distant surveillance camera that the detectives were miraculously able to blow up so they could see people’s faces as clear as day. Then, with the magic of television, they were able to run facial recognition through a database of every person in the world, and out of thin air, pull up a full dossier of everything that person has ever done and accomplished.

Technology just isn’t there yet, although it may be soon enough…

3) Information is not publicly available

We recently received a request to find a Jose Fernandez who had previously worked for a large corporation in Dallas. Seems easy enough to distinguish the 4,000 Jose Fernandezes in Dallas. The company is not going to give anyone his details, unless you use some sketchy method to provide a pretext for the company to get them to do so, or employ some other unscrupulous method. The IRS might know, but they won’t divulge his information either. Unless he has self-disclosed that information on a resume, social media, or elsewhere, Mr. Fernandez is not going to be easy to find.

4) The search is cost prohibitive

Now, finding Jose Fernandez might be possible, but unless he was the key to a multimillion-dollar lawsuit or someone with deep pockets was willing to spend the money, it might be too cost prohibitive. You could call former employees of the company and ask them if they knew him or know where he works now. Or you could make a list of every Jose Fernandez who lived in the Dallas area and call them one by one, something I have actually done in a different context.

Note: If you need some assistance in those areas, let me know, and I can send you our bank details so you can wire the retainer.

5) You might not have the right information

Sometimes, you may have information that is completely inaccurate. Like the wrong spelling of a name. Wrong birthday. Or even the wrong name.

Years ago, we worked on a case for a Connecticut man. His mother, on her deathbed, mentioned in passing that his father was not who he thought it was; it was a man that she had had an affair with for years in the 1950s. She provided scant details, like his name and the New York department store where he had worked. We spent years trying to track him down, but without success. Several years after working with the client, I heard back from him, and he said that he found his father (who had passed away) after speaking with friends and family members.

His mother had given him the wrong name and the wrong department store. We were doomed to failure.

But at least it had a happy ending.

6) Not everyone can be found

A few years ago, we were asked to identify a man who was owed about $100,000 after his mother had passed away. The man hadn’t been seen or heard from in many years, and the last that anyone had heard of him, he was homeless. The client was about 100 percent sure we would never find him, but we found his last reported address, and what do you know, he was there. He was living on the streets but had stopped at the apartment where he had once lived to sleep for the night.

It was complete luck. If we hadn’t had that miraculous stroke of luck that day, we may have never found him, unless we had spent dozens of hours combing the streets, which was out of the budget range of the client (see #4 above).

7) The person lives off the grid

There was an interesting story a while back about a privacy nut who spent $30,000 to have himself removed from every known database so that no human could track him down. He went so far as to even buy himself a decoy house and hire a private investigator to check his work. It’s a fascinating read, if you haven’t seen it.

And there are also stories of people living off the grid, paying cash barters and not using any electronic databases. That’s a bit extreme, but there are people who do it.

8) Some people don’t want to be heard from

Whitey Bulger, one of the most wanted men in history, lived in California unnoticed for more than 15 years by paying cash, keeping to himself, living an unassuming lifestyle, and rarely venturing out in public. This is a completely extreme case, but there are people who just don’t want to be found. Especially people who are in trouble with the law or are running from someone or something.

9) Are you working with old information?

Last week, we received a call from a Pennsylvania man who, because of closed adoption rules, was only recently able to finally get the name of his birth mother. But he had only a name and an age from when he was born in the 1950s. The name, of course, was common enough that finding her would not be easy. But the bigger problem was that she was most likely married long ago and carrying a different name, which would not be in any electronic database records that are readily available.

Most electronic information that is easily searchable and accessible will date back to the 1980s, but anything from the 1950s will not only be difficult to find but will require some serious digging.

10) People can remove themselves from databases

There is a cottage industry of privacy nuts who will do everything not to leave a trace of their existence. If you are interested in learning more, Michael Bazzell has a great book and podcast. Some may have good reasons, such as concerns for their safety. But others just want to be hidden from the Internet. What most people don’t know is that you can remove your personal information from public databases and people-search websites. Given the hundreds of sites, it’s pretty much like having a full-time job, but it can be done. Here is a good place to start.

Tags: Eviction Information, Landlord Information, Process Service News, Tenant Screening

Chicago Residential Landlord and Tenant Ordinance provides explicit self-help remedies

Posted: Feb 23, 2019
By: NatEvict
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Your landlord has the responsibility of maintaining the building in compliance with building, health and safety codes.

Read more articles on nationalevictions.com our Blog is State Specific with content for Landlords and Tenants

The Chicago Residential Landlord and Tenant Ordinance provides explicit self-help remedies that tenants should use when they discover defective conditions in their apartments. It is essential to contact an attorney to begin using these remedies, but because there exists the possibility of legal action by the landlord, tenants should document and keep records of their activities.

These remedies are based on a theory similar to those we rely upon when we purchase goods at a store. For example, if you buy a stereo and then discover that it has a defect, you can return it to the store to get a replacement, have it repaired, or obtain a refund. The law implies a guarantee when we purchase goods that allows us a remedy if the goods are defective or not fit for the purpose they were intended.

A similar guarantee is implied in every residential lease agreement. In legal terms, this guarantee is called the “implied warranty of habitability.” This warranty means that your landlord guarantees that your apartment meets most of the standards set out in Chicago’s Building Code and is fit for living in. The Illinois Supreme Court has defined “fit for living in” to be an apartment that is safe and sanitary. Minor violations of the Building Code or cosmetic defects must be substantial. But like the example of the defective stereo, if your apartment does not substantially meet the standards of the Building Code, you are not receiving full value for the rent you are paying, and you may be entitled to repairs or a reduction in rent.

Under the Chicago Residential Landlord and Tenant Ordinance, the landlord has the responsibility of maintaining his building in compliance with the Municipal Code and making all repairs promptly. The following is a list of some of the provisions with which the landlord must comply:

a. Appliances: Must be maintained and repaired as necessary if supplied by the landlord.
b. Basements and Cellars: Must be kept in a safe and sanitary condition including the removal of excess materials that create a fire hazard and making sure there are no leaks.
c. Elevators: Must be maintained in buildings ten stories or higher.
d. Exits: Must provide a safe and unobstructed means of escape from every apartment to the ground level.
e. Exterminating: Building must be kept free of rats and reasonably free of insects.
f. Exterior: Roof must be kept water-tight.
g. Fire Extinguisher: If the building is greater than three stories, there must be a fire extinguisher on each floor.
h. Garbage: Landlord must supply and maintain trash facilities.
i. Heat: Must provide heat to all apartments from September 15 until June 1. The following average temperatures must be maintained throughout the entire apartment: 68 degrees from 7:30 a.m. to 10:30 p.m. and 63 degrees from 10:30 p.m. to 7:30 a.m.
j. Hot Water: Sinks, bathtubs and showers must be provided with 120-degree water from 6:00 a.m. to 10:30 p.m.
k. Interior: Walls ceilings and floors must be kept in sound condition. Floors must be free of rotting floorboards. Walls and ceilings must be free of loose paint or plaster.
l. Lighting of halls: Halls and stairways must have adequate lighting at all times.
m. Plumbing and Electrical: Must be maintained in good working order at all times. Switchboards and circuit breakers must be accessible to the tenant.
n. Poisonous Paint: Must be free of all lead-based paint.
o. Public areas: Landlord must keep all shared areas of building safe, clean and sanitary.
p. Screens; Must be provided to all apartments on ground floor and floors 1-4 from April 15 to November 15.
q. Security Devices for Apartment: Landlord must supply and maintain a dead bolt lock and a viewing device on each door to the apartment. Windows within 20 feet of ground level or 10 feet above an adjacent roof, exterior stairway, fire escape, ramp or porch must have ventilation locks.
r. Building Security: Every building entrance must be secured by a door with a dead bolt lock.
s. Smoke Detectors: Must have at least one smoke detector per apartment and one at the top of each interior stairwell.
t. Stagnant Water: All yards, courts, passageways and other portions of the building lot must be kept free of stagnant water.
u. Stairways and Porches: Must be kept in safe condition and sound repair. This includes the railings of porches and stairs.
v. Water: Hot and cold running water must be maintained to sinks, lavatories, baths and showers.
w. Water Fixtures: Landlord must provide a flush toilet, lavatory basin, bathtub or shower, and kitchen sink.
x. Windows: Must be kept in good condition, fit well, open easily and be tight.

If you discover defective conditions in your apartment, first call your landlord to see if s/he will repair the defects. If the landlord does not respond satisfactorily, you should consider one of the remedies that follow. Remember, proof of notice of the defects to your landlord and using the remedies correctly if the landlord fails to repair are very important. If the landlord is uncooperative or not responsive and the defects appear to be serious or substantial, you should also consider calling the City Department of Buildings to arrange an inspection. The number to call is (312) 744-5000.

Repair and Deduct

If your apartment needs only minor or inexpensive repairs, “repair and deduct” is an effective way to have them completed. The repair and deduct remedy allows you to have the repairs done and then deduct the cost of the repairs form the rent payment. As always, there are steps that you must follow closely to avoid later problems. The Ordinance sets these out as follows:

Make a list of the necessary repairs. Be as detailed as possible. This is your chance to tell your landlord what you want repaired.
Send a copy of the list to your landlord along with a letter that states that you will exercise your legal right to pay for the repairs and deduct that amount from the next rent payment if the repairs are not completed within 14 days of receipt of the letter. Repair and deduct cannot begin until the 15th day after the landlord receives the demand letter. There is an example of this kind of letter in Chapter 7.
Send the letter by certified or registered mail, return receipt requested, or hand deliver it to your landlord. If you give the letter to your landlord personally, have a witness go with you to be sure of the day your landlord received the letter. Be sure to keep a copy of the letter.
Do not exceed $500 or one-half of the monthly rent for the repairs, whichever is greater. If you pay less than $500 in monthly rent, you cannot “repair and deduct” in excess of rent you pay each month.
Submit a paid bill to your landlord from an appropriate tradesman or supplier for the cost of the repairs. The costs must not exceed what is reasonable for such services. Remember to keep a copy of all bills and receipts.

Withholding Rent

If your landlord fails to maintain the apartment and common areas in the manner defined by the Building Code, you may reduce your rent until your landlord fixes the problem if you follow the steps listed below carefully. Failure to do so could allow your landlord to successfully evict you for nonpayment of rent.

Make a detailed list of the repairs necessary in each room of the apartment and common areas. If possible, take pictures of the defective conditions and have witnesses inspect the conditions.
Send a copy of this list to the landlord along with a letter that states that you intend to withhold a portion of your rent if the landlord does not make the necessary repairs within 14 days of receipt of the letter. Rent withholding cannot begin until the 15th day after the landlord receives the demand letter. A sample letter can be found in Chapter 7. The letter may state the amount you intend to withhold and should be based on the reduced value of the apartment in its defective condition.
Send the letter by certified or registered mail, return receipt requested, or hand deliver it to the landlord with a witness to be sure of the day your landlord received the letter. Be sure to keep a copy of the letter.
Be sure you are conservative in the amount of rent you withhold! The amount is based on the reduced value of your apartment, depending on the problems in your apartment and their severity. You could be evicted if you withhold more than what the court finds to be justifiable. (if you are living there, the courts will presume that the apartment has some value.) Keep in mind that you always have the right to sue the landlord for any additional amount overpaid and not recovered through rent withholding.
Hold on to any money withheld. Although not required by law, you may want to put the withheld rent in a special bank account called an “escrow.” If the judge finds that you have withheld too much, the money is available to you for back rent payment and prevents an eviction. These funds can also be useful in negotiating repairs.

Tags: Eviction Information, Illinois Eviction Articles, Property Maintenance, Tenant Information

When there is property left behind and a tenant moves out?

Posted: Jan 27, 2019
By: NatEvict
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When there is property left behind and a tenant moves out?

While it can be tempting to simply throw it all away and move on with your life, this may not always be the best solution. There are specific legal steps that you must take, and your tenant may even owe you money for their actions.

Did you know that you may even have to enlist some help from your local Sheriff? Learning the proper steps from alerting the tenant about their property to filing with local law enforcement for property removal is essential for landlords. By following the correct procedure, you’ll know exactly what to do with property left behind when a tenant moves out in the future.

What you need to know.

Why Did The Tenant Leave?

The first thing that you need to do is review why the tenant has left the property. Depending on their reason for departure, they may still have some rights to the property they left behind. Before you dispose of or sell anything, check their reason for leaving on the following list:

Lease Ended
Most states give you nearly full freedom to dispose of any belongings left behind if a lease period was ending.
Termination Notice Served
If you gave them a termination or early-lease ending notice and they left on time, most states give you nearly full freedom to dispose of any belongings left behind.
Evicted
If you had to have your tenant evicted, often with involvement from the Sheriff, you may be responsible for ensuring that their belongings get back to them. Every state has different rules about this, so you will want to check your state’s laws.
In most cases, evictions will be handled fully by local law enforcement, including the removal of their property and what property you are entitled to sell to receive payback for any unpaid rent. Since evictions are handled by specific court processes, the specifics are not covered in this article.
Leaves Without Notice
Similar to the eviction case, tenants that disappear without any notice may still have some rights to the property they left behind depending on where you are located. Check your local laws before disposing of or selling anything.

Warning: Check The Local Laws

While all of this advice can be used no matter where you live, it is important that you check your local property and tenant laws before you remove property. As previously mentioned, it is possible that the tenant still has rights to the items. Most jurisdictions have specific procedures that landlords must follow before they can get rid of belongs. If you follow the laws, you will be protected from any former tenants attempting to come after you for damages or loss of property fines.

How To Find Your Local and State Laws

As you have probably already noticed, the way that you must deal with regarding property left behind when tenant moves out is very dependent on where you live. Because of that, you will need to get in contact with local jurisdiction or review state laws to be sure that you are following the proper course of action. However, finding these laws isn’t always easy. Here are a few resources to help you find the information that you need to deal with property left behind when a tenant moves out.

State Laws & Statutes

Find your state’s listing on this page to find out which law or statute you need to refer to for specific information about your situation.

Local Landlords

Are you friends with other landlords or aware of a few high-stakes landlords in the area? Reach out and ask for advice about your situation. They are likely to be familiar with the rules. If that doesn’t work, you can try reaching out to the National Apartment Association or National Multifamily Housing Council for advice on how to find out more information.

Lawyers

If you are dealing with a lot of valuable property that has been left behind, it is probably worth contacting a lawyer to be sure that you are able to dispose or sell the property. Lawyers can give you the best advice in these situations, as they can research any local laws for you.

Review Your Rental Terms

Because left behind property can be a big issue for landlords, you may decide to include a clause in your original rental contract that addresses any property that is left behind. Before touching any belongings, double-check the rental contract for any terms that may refer to this type of situation. Depending on the contract used, you may even be entitled to disposal fees for getting rid of your former tenant’s property.

Adding a Rental Clause About Abandoned Property

It’s always a good idea to include a clause about abandoned property in your rental contract. Some tenants may not worry about cleaning up trash or merely leaving behind old items they do not want anymore when they move out. While it may not seem like a big deal, it can be costly to dispose of larger items. While it may seem excessive to add this type of clause to your rental contract, doing so will protect you from future costly events.

Talk to your advisor or lawyer about adding a belongings clause to your contract:

State that there will be a disposal fee for excessive trash or abandoned property left behind.
Specify that belongings must be disposed of.
Include the potential for a separate agreement for storage as needed (i.e., you can offer to keep the former tenant’s furniture on the property for a specific period until they can pick it up).

Give The Tenant Legal Notice

Once you have familiarized yourself with the specifics of local laws as well as the rental agreement that was in place between you and the former tenant, it’s time to reach out to the tenant. Many states require that you give tenants that have left abandoned property behind a specific legal notice and period during which they have to collect their belongings.

What To Include In The Notice

When you’re documenting the following information for an abandoned property notice, it is essential to have an objective observer come along to protect you from any fraudulent charges. Additionally, photos and video can be helpful in case the situation should escalate.

Include the following in your notice:

Description of abandoned property (hint: do not open anything that is locked)
Estimated value
Where the property will be held
Deadline for retrieval (the length of this period is typically indicated by local or state laws)
What will happen after that period

Inventorying Items

The notice you give your tenant must have a detailed inventory of the items left behind, and this means that you must create such an inventory. It is imperative that you have a written and/or photographic record of everything that is left behind. Any property that has value must be recorded and stored. Since assigning a value to various personal belongings differs from person to person, the safest thing to do is to inventory everything that was left behind in great detail. When inventorying items, be sure that you do not open any locked items. These items should remain locked until you have a clear decision on what will be done with the property.

It is legal to keep the items on the rental property, but many property owners want to begin cleaning the space for the next tenant. If that’s the case, you are permitted to secure the belongings in a storage facility or similar space. Information about where the items are being stored must be included in any official notices or documents.

How To Send The Notice

When you send the notice, be sure that you request a return receipt. This will give you proof that the tenant received the notice should they not claim their belongings and return at a later date.

Handling Removal

If the notice period passes and the tenant does not return to get their belongings or they have no right to belongings left behind based on your local laws, it is time to move on to disposal and sale of their abandoned property. Check state laws before selling or disposing of property. In some areas, the abandoned property must be given over to the state. In others, you are free to dispose of it as soon as the notice period ends. The following tips refer to how to dispose of items economically and efficiently.

Dump Any Trash

If you haven’t already done so, you should remove any trash from the property. Trash is anything that is obviously not a valuable piece of personal property, and this can usually be removed without any other state requirements. The clean-up costs from removing trash (which can be expensive) can legally be deducted from the security deposit that your tenant paid down on the property, so be sure to subtract them.

Organize a Sale or Keep The Items

Many states require that you hold a public sale of the abandoned items. You can set this up with a local bond agency, and the proceeds of the sale can often be used to cover the costs of storing, selling, and advertising. Depending on the state, you might be able to keep the remaining proceeds. In some states, the balance must be paid to the state. If your state does not require you to pay anything back or hold a public sale, you can simply sell off the items as you please. You can even keep the items if you prefer to do so.

Can You Pay Yourself Back?

Most state laws share one similarity: You can be paid back for unpaid damages and rent from the sale of abandoned property. If your tenant left without paying for damages or rent, the proceeds from the belongings sale can often be used to pay off this debt. State laws will dictate the specifics of how this must be handled. In many cases, you should keep an itemized list of the items and can deduct the cost of disposing of them from the security deposit.

Exception Items

There are two main categories of items that you do not have to worry about these rules for, as they have exceptional statutes related to their abandonment.

Motor vehicles

If a car or other motor vehicle is left behind, it should be considered an abandoned vehicle and reported to local police. Law enforcement will handle its filing, removal, and return.

Fixtures

Permanent fixtures installed at the property by tenants – such as built-in bookshelves or lights – are considered part of the property. They are yours to keep and do not need to be reported. If the tenant added permanent fixtures that you did not approve, you are allowed to use the security deposit to cover the cost of removal. You should always check for this type of issue before releasing a former tenant’s security deposit to protect yourself from any extra losses.

Know Your Rights

There may be cases where a former tenant will return well after the end of their legal notice period and expect to receive their belongings or the value of the items. If this is the case, your state should have specific laws on what they can or cannot receive. If you sold the items, it is possible that the former tenant has a right to receive the proceeds beyond what was required to pay you back for the sale and storage of the items. There is typically a limitation period on this type of situation. If you kept or disposed of the items, however, the tenant typically has no rights to compensation for the items. They did not come during the notice period, so the belongings became yours.

A Complex Process

As you can see, handling any tenant property left behind is not as simple as just selling or disposing of it. Due to the complex nature of rental and tenant laws, you must follow your local rules to handle the situation legally. Some people might even leave their pets behind! (Really, it has happened). Still, you have to follow the rules to handle even the most extreme cases.

In its most basic form, this is what you need to do when a tenant moved out and left their belongings:

Determine why they left & check local laws for specific rules
Review your rental terms for clauses related to abandoned property
Document and inventory the abandoned property and damages
Give former tenant legal notice of abandoned property
Sell, dispose of, or store the property, depending on local laws
Pay yourself back for unpaid rent, etc.
Know your rights by getting in contact with a local lawyer

If you stay organized throughout this process, you’ll be able to reclaim your rental property and deal with the abandoned property while minimizing your monetary risk, if any. You will have to spend a lot of time on this process, but handling it legally and adequately will pay off in the long run.

Tags: Eviction Information, Landlord Information, Legal Articles, Tenant Information

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