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

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

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.

CITIES CAN SAVE MONEY BY PROVIDING LAWYERS FOR TENANT EVICTIONS

Posted: Dec 23, 2018
By: NatEvict
Comments: 0

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.”

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Tags: Eviction Information, Legal Articles

Guide to the Eviction Process in North Carolina on NationalEvictions

Posted: Dec 03, 2018
By: NatEvict
Comments: 0

Guide to the Eviction Process in North Carolina on NationalEvictions.com

The eviction process in North Carolina is a relatively straightforward process. Both landlords and tenants are expected to conform to the Chapter 42 of North Carolina General Statutes.

The statutes lay out the procedures landlords must follow when it comes to evicting a tenant. If you fail to adhere to these laws correctly, you might set yourself up for trouble.

Renters in North Carolina can be evicted for a number of reasons. The most common ones include:

Failure to pay rent
Breaching terms of the lease agreement
Refusing to leave the property after the expiry of their lease agreement
Engaging in a criminal act such as drug trafficking

If the tenant has committed any of these lease violations, you may legally remove them from the leased premises.

Eviction Notices in North Carolina

Serving an eviction notice to the tenant is the first step in evicting them. The type of notice to serve the tenant must be relevant to the violation committed. For non-payment of rent, you must give the renter a “10-day Demand for Rent.”

Simply put, this notice allows the tenant a maximum period of ten days to either pay rent due or vacate the NC premises. If the tenant fails to pay rent within this time frame, you can go ahead and file an eviction lawsuit against them.

You can also evict a “holdover” tenant. This is a tenant who stays beyond their term without renewing their lease agreement. The type of notice to serve a holdover tenant is dependent on the term of the lease. If the lease was:

Weekly – serve a 2-day notice
Monthly – serve a 7-day notice
Yearly – serve a 1-month notice

These notices are also referred to as “unconditional notices to quit.” This means that the tenant has no other option but to leave. In other words, there is no option to “cure” the violation. If the renter doesn’t move out within the time specified, you can go ahead with the eviction process. You don’t need to serve them with another notice.

It’s important to note that after the lease term expires and prior to filing a complaint, you must not accept any payment. If you do, the previous term of the tenancy will renew automatically.

Aside from non-payment of rent and a holdover tenant, you can also evict a tenant in NC who violates other lease terms. For example, a tenant who:

Brings in an unauthorized tenant
Keeps a pet when the lease is against it
Repeatedly disturbs neighbors, or
Damages the rental property

Additionally, according to N.C. Gen. Stat. § 42-11, a tenant can be charged with a misdemeanor for intentional or willful damage to the rental unit.

In North Carolina, you aren’t required to give the tenant a chance to remedy the lease violation. You can file an eviction lawsuit against the tenant immediately after knowledge of the violation.

Lastly, landlords can also evict a renter engaging in criminal activities like drug trafficking. Here, North Carolina eviction laws allow for an expedited eviction. Also called “Article 7 eviction,” you may file an expedited eviction against a tenant, a tenant’s household, or a tenant guest or guests engaging in drug trafficking and other criminal activities within the rental property.

Summary Ejectment

After serving the tenant a proper eviction notice and the tenant has refused to move out of the rental property, the next step in North Carolina is to file a Summary Ejectment. Even with solid grounds to evict a tenant, it’s illegal for you to use “self-help” eviction methods.

A self-help eviction is when you retake possession of the property without using the right eviction procedures. Here are a few examples of things that you should never do as a landlord:

Intimidate or harass your tenant
Turn off their utilities
Remove the tenant’s belongings prior to an official eviction
Lock the tenant out of the property

You need to file the Summary Ejectment in the appropriate court. Typically, in North Carolina, it can either be a district court or a small claims court. For a quick settlement of your case, it’s recommended that you choose the latter. That being said, damages sought in a small claims court shouldn’t exceed $10,000. If they do, you should file the Summary Ejectment at the district court instead.

A Summary Ejectment is filed against a renter who has failed to do one of these two things: failed to comply with the requirements of the lease agreement, or has failed to surrender possession of the leased premises after their lease term has expired.

When completing the form, you are required to state the reason for the eviction in NC as well as the remedies you are seeking. Generally, an eviction lawsuit seeks two remedies:

Getting back possession of the rental property, or;
Getting delinquent rent from the tenant

Summons

Once you’ve filed the case and paid the filing fee, the court will issue you a Summons. This will then be served to the tenant by the county sheriff or an official of the court.

A Summons legally informs the renter that action has started. The document tells the tenant when and where the eviction case will be heard.

The North Carolina eviction laws clarify that the sheriff may serve the Summons either in person or by mail within five days of its issuance. The court hearing occurs exactly 14 days after the summons is issued.

The tenant has two options after receiving the Summons. One option is to choose to contest the removal by providing relevant defenses. The other option is simply to vacate the premises.

The Court Hearing

You must be present at the hearing in order to win the eviction. The tenant must show up in order to contest the eviction. You should bring as much evidence as possible to strengthen your case. For example, you should remember to bring:

A copy of the NC lease agreement
Demand notice you sent your tenant for the rent owed
Proof of nonpayment of rent

The renter’s presence isn’t necessary at the eviction hearing if:

The renter is willing to vacate the premises and doesn’t want to oppose the eviction
You are merely seeking possession of the leased premises

At the hearing, the judge will give you an opportunity to present your case first. After you are done presenting your case, your tenant will similarly be offered a chance to state their case. To help win the case, the tenant may bring the following to court:

Written communications, if any
A witness to verify what the tenant is claiming
Receipts for rent to prove payments have been made, and/or
Photos of the premises (to show poor conditions).

Other common tenant defenses in NC include:

You used “self-help” eviction methods.
The rental property doesn’t adhere to North Carolina housing codes.
If, for criminal activity, the tenant had no knowledge of the activity or made reasonable attempts to prevent it.
You discriminated against the renter. That is, you based the eviction on the renter’s national origin, familial status, disability, age, race, sex, or religion.
The notice was improperly served.
The eviction is a retaliatory act.
The breach of the lease violation isn’t substantial enough to warrant an eviction.
Your allegations are false.

Judgment for Possession

If the judgment is in your favor, the judge will award you a “Judgement of Possession.” The “Judgement of Possession” gives possession of the property back to you. The tenant will then have ten days to file an appeal. If the tenant chooses to file an appeal, the court may order them to make payments of the bond to the court.

For whatever reason, is the renter is unable to make the payments on the bond, you can have the appeal quashed. If the renter still loses the appeal, the only remaining option would be to leave the premises immediately.

At this point, you can file a Writ of Possession. A Writ of Possession in NC gives the county sheriff the authority to remove the tenant out of your rental property. After the Writ of Possession is issued by the court, the sheriff would be required to carry out the eviction seven days after it’s issued.

The tenant will have ten days to remove all personal property from the rental unit.

Changing of Locks

It’s important to change the locks after the sheriff removes the renter from your property. The changing of locks must be done by a locksmith. The sheriff must also be present. The fees charged by the locksmith are your responsibility.

Handling personal property

You may find that the tenant has left behind some of their personal property in the rental unit. According to the North Carolina landlord-tenant law, landlords must notify them of their belongings before disposing of them. If the tenant doesn’t respond, you can dispose of the personal items after the time-frame on the notice expires. ( NCGS § 42-25.9 ) and NCGS § 42-36.2)

Don’t hesitate to reach out to NationalEvictions.com for your property Eviction needs in North Carolina. You can also find other States Eviction Process on our Website.

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

As a rental property owner, you are often a plumber, electrician or decorator, but you are probably not a lawyer.

Posted: Jun 03, 2018
By: NatEvict
Comments: 0

Since rental agreements are contracts and states have laws that specifically impact landlords and tenants, legal pitfalls can open up underneath you.

Everything from poorly written rental agreements to responsibilities not outlined in a lease can crop up.

Tell Landlords about NationalEvictions and the information that can help them!

Everything starts with the lease. You can find generic lease documents at many stores, but what they don’t tell you is that those forms are not enforceable in every state. A single clause can render the entire document unenforceable. Be sure to talk with a real estate legal professional before choosing a lease document.

Know your responsibilities. In addition to the interior of your property, most states also require landlords to maintain the exterior. For example, landlords may be responsible for snow removal and keeping grass cut to within legal limits. There may be a way to transfer those responsibilities to the tenant, but you would need to make sure that was clearly spelled out in the lease and legal in your area.

Keep marketing clean. Before you post any ad or market an empty property, keep in mind that there are fair housing laws that specifically prohibit you from discriminating against prospective renters. This means you can’t advertise to exclude families with small children or avoid a specific age group, in addition to a variety of other protected classes. Essentially, you should not be asking questions about a tenant’s family situation, race, religion, or age when making a rental application decision.

Screen tenants carefully. Even though careful screening should be a foundation of your rental business, asking the wrong question during an interview can be just as damaging as using the wrong language in an ad. Sure, you might not have made your decision to reject a tenant because they have small children, but asking could give them ammunition for a fair housing complaint.

Obey privacy laws. Yes, you have the right to visit your property, make repairs and ensure it is taken care of. Your tenant has the right to privacy. Different states have different laws regarding how much notice you must give a tenant before visiting the property. Always notify tenants in writing of your intent to visit so they can make arrangements to be home. A single major violation could cost you significantly in damages.

Keep late fees reasonable. No one enjoys dealing with frequent late payments, and the temptation is to charge punitive late fees to avoid the issue. Keep in mind that many states are now asking for proof of damage surrounding late fees. Excessive amounts might lead to a judgment against you that can become a major problem if every tenant jumps on board. A reasonable fee is defensible; an unreasonable fee is not, unless you can prove the financial losses due to the late payment.

Return security deposits in a timely manner. Security deposits are only to be used for maintenance in excess of normal wear and tear. If a tenant leaves the property dirty, you could deduct a cleaning fee. If there is unapproved paint, you could charge the tenant for the repainting. You can’t simply keep the security deposit or deduct more than the cost of the repairs. You also can’t use the deposit for any refurbishing on the property. Courts can assess fees that equal three times the deposit or more, so keeping the security deposit too long or deducting expenses that are not the tenant’s responsibility can be very costly.