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I had been renting my old house to a young couple for the past 15 months on
a one year lease that, after a year, reverted to a monthly lease (so either
they or I could terminate the agreement each month).
Well, the young couple (just married with a baby) had a falling out and
split up. Since neither could afford rent on their own, and since I didn't
want to play favorites, I told them that they both would have to vacate at
the end of the month. I did this over the phone, so there has been no
written eviction notice.
Well, it has been 2 weeks since the month passed and they have indeed
vacated, but they have left some junk, including a large dilapidated
doghouse with trash in it as well as a her car in the back. I called the
guy and he gave me a sob story about how he hasn't been around and how he
hasn't figured out how to get rid of the stuff, yada yada yada. I also
called her roommate and parents a couple days ago, but still haven't heard
back yet.
My question: how can I go about getting this junk off my property? Can I
call the police and have the car towed, so there is no expense to me? Can I
have a hauler take the junk away and then demand repayment from the couple
in court? Or can I demand another rent payment since they are not
completely "moved out" and since there hasn't been a formal written
"eviction".
Can any of you give me any advice, or tell me what you would do, or at least
tell me where to turn to find out what I can do about this (economically,
easily, and legally)?
Thanks in advance for any and all help,
Larry
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On Tue, 19 Aug 2003 11:08:10 -0500 Larry Travis <ltravis@remoovethiscochran-wilken.com> whittled these words:
Well, the young couple (just married with a baby) had a falling out and
split up. Since neither could afford rent on their own, and since I didn't
want to play favorites, I told them that they both would have to vacate at
the end of the month. I did this over the phone, so there has been no
written eviction notice.
Well, it has been 2 weeks since the month passed and they have indeed
vacated, but they have left some junk, including a large dilapidated
doghouse with trash in it as well as a her car in the back. I called the
guy and he gave me a sob story about how he hasn't been around and how he
hasn't figured out how to get rid of the stuff, yada yada yada. I also
called her roommate and parents a couple days ago, but still haven't heard
back yet.
My question: how can I go about getting this junk off my property? Can I
call the police and have the car towed, so there is no expense to me? Can I
have a hauler take the junk away and then demand repayment from the couple
in court? Or can I demand another rent payment since they are not
completely "moved out" and since there hasn't been a formal written
"eviction".
The landlord's lot is not a happy one. If you are going to be renting out
property it is really important that you know the basic landlord-tenant
laws in your state. For good readable sources of information check the
books at http://www.nolo.com. You should be able to find them at your
local library - they will help you avoid costly mistakes.
Can any of you give me any advice, or tell me what you would do, or at least
tell me where to turn to find out what I can do about this (economically,
easily, and legally)?
Most states will have specific procedures for the safeguarding, notice and
eventual disposal of the tenant's property. Here are a few examples:
http://www.wa.gov/ago/consumer/lt/abandonment.shtml
http://touchngo.com/lglcntr/akstats/Statutes/Title34/Chapter03/Section260.htm
http://www.tenant.net/Other_Areas/Minnesota/hb4.html#ch30
http://www.state.hi.us/dcca/ocp/lt/ltcode/part5.html#521-56
http://data.opi.state.mt.us/bills/mca/70/24/70-24-430.htm
http://www.orht.gov.on.ca/userfiles/HTML/nts_3_12243_1.html
http://janus.state.me.us/legis/statutes/14/title14sec6013.html
You should, for the most part, read those statutes very literally. If
they say you may *sell* the property do not assume that you may give it
away, throw it away or keep it for yourself unless it expressly says so.
Some states will obligate you to sell for the reasonable value of the
property or to otherwise account to the tenant for its value. And while
it might HAVE no value it will be up to you to document and support it.
Some states make this clear by explicitly stating a requirement to
inventory the property. Even if the statutes don't require it you would
be well advised to do so. Make liberal use of the video camera in
documenting exactly what property you are removing.
If you are going to rent residential property break the habit of being
casual in your dealings with tenants. It will only rear up and bite you.
Diane Blackman
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TOTE@dog-play.com wrote:
Most states will have specific procedures for the safeguarding, notice and
eventual disposal of the tenant's property. Here are a few examples:
<http://www.wa.gov/ago/consumer/lt/abandonment.shtml>
<http://touchngo.com/lglcntr/akstats/Statutes/Title34/Chapter03/Section260.htm>
<http://www.tenant.net/Other_Areas/Minnesota/hb4.html#ch30>
<http://www.state.hi.us/dcca/ocp/lt/ltcode/part5.html#521-56>
<http://data.opi.state.mt.us/bills/mca/70/24/70-24-430.htm>
<http://www.orht.gov.on.ca/userfiles/HTML/nts_3_12243_1.html>
<http://janus.state.me.us/legis/statutes/14/title14sec6013.html>
Looks like he might be from the Springfield, IL area. Got one for Illinois?
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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Looks like he might be from the Springfield, IL area. Got one for
Illinois?
--
Theodore A. Kaldis
kaldis@worldnet.att.net
Wow, you are right, I am from Springfield (how did you know that?). I would
like a link or two for Illinois as well. I scoured the state website but
many of the landlord/tenant links are broken (maybe due to the change in
admistration with the new gov). Anyway, what snippets I could find seemed
to indicate that I can dispose of the property 30 days after giving a
written notice, and if the property is of neglegible value then I can pitch
it. Can anyone verify this?
LT
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.. . .
This is good formal procedure, but since you are in contact with the
husband,
and don't seem to be in a particularly adversarial relationship with
him, it is probably faster, less expensive, and more convenient to ask
him to sign an agreement terminating the lease immediately, and
dispose of the junk immediately (or at least declaring it of no value
and giving you permission to dispose of it if he hasn't finished the
job by the end of the weekend) in exchange for limiting his liability
for future rent, eviction costs, etc. If he has keys to the car, he
may be quite willing to move it to the street for you - or you can ask
him to have it towed. But if you can't get such an agreement signed
today, I wouldn't put off starting the three-day notice either - you
can always stop the formal eviction process at any time he is willing
to voluntarily do what you want - and you generally have the pressure
of pointing out that he will have to pay mounting rent, court costs,
sherriff's fees, etc. the longer he drags this out.
And when the woman comes back and says she's going to sue you for evicting
her without legal process, tell her . . . ummm, I don't know what to tell
her. Think of something.
McGyver
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"McGyver" <Greyprof@msn.com> wrote in message
news:<bhurr1$3dgiu$1@ID-75195.news.uni-berlin.de>...
I had been renting my old house to a young couple for the past 15
months
on
a one year lease that, after a year, reverted to a monthly lease (so
either
they or I could terminate the agreement each month).
Well, the young couple (just married with a baby) had a falling out
and
split up. Since neither could afford rent on their own, and since I
didn't
want to play favorites, I told them that they both would have to
vacate at
the end of the month. I did this over the phone, so there has been no
written eviction notice.
Well, it has been 2 weeks since the month passed and they have indeed
vacated, but they have left some junk, including a large dilapidated
doghouse with trash in it as well as a her car in the back. I called
the
guy and he gave me a sob story about how he hasn't been around and how
he
hasn't figured out how to get rid of the stuff, yada yada yada. I
also
called her roommate and parents a couple days ago, but still haven't
heard
back yet.
My question: how can I go about getting this junk off my property?
Can I
call the police and have the car towed, so there is no expense to me?
Can
I
have a hauler take the junk away and then demand repayment from the
couple
in court? Or can I demand another rent payment since they are not
completely "moved out" and since there hasn't been a formal written
"eviction".
Can any of you give me any advice, or tell me what you would do, or at
least
tell me where to turn to find out what I can do about this
(economically,
easily, and legally)?
1. Give them a three day notice to pay rent or quit. Mail it to the
address
they used on the lease, or if there is none, mail it to the house they
rented. And post a copy at the house.
2. If they don't pay the rent, file an action for unlawful detainer.
Do
the procedural stuff, go to trial, win.
3. Take the judgment of possession to the sheriff and pay the fee to
get
them to evict.
4. After the sheriff evicts, go into the house and move everything to a
truck, take it to a commercial storage facility. Car too.
5. Write to the kids and tell them where the stuff is.
6. Don't pay any more one month rent at the storage place. Let them
and
the kids work it out.
Mcyver
This is good formal procedure, but since you are in contact with the
husband,
and don't seem to be in a particularly adversarial relationship with
him, it is probably faster, less expensive, and more convenient to ask
him to sign an agreement terminating the lease immediately, and
dispose of the junk immediately (or at least declaring it of no value
and giving you permission to dispose of it if he hasn't finished the
job by the end of the weekend) in exchange for limiting his liability
for future rent, eviction costs, etc. If he has keys to the car, he
may be quite willing to move it to the street for you - or you can ask
him to have it towed. But if you can't get such an agreement signed
today, I wouldn't put off starting the three-day notice either - you
can always stop the formal eviction process at any time he is willing
to voluntarily do what you want - and you generally have the pressure
of pointing out that he will have to pay mounting rent, court costs,
sherriff's fees, etc. the longer he drags this out.
-bret
I like the idea of getting something signed indicating the items are of no
value and able to be disposed. However, I definitely want it understood
that the costs of such removal/disposal would be his, since a hauler I had
look at it said the hauling would cost $380.
LT
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"Larry Travis" <ltravis@REMOOVETHIScochran-wilken.com> wrote in
news:vk7sbtk7utf40e@corp.supernews.com:
Wow, you are right, I am from Springfield (how did you know that?). I
Just a guess...
http://www.cochran-wilken.com/aboutcwi.htm
Geo
--
George Mealer | geo*at*snarksoft*dot*com
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"McGyver" <Greyprof@msn.com> wrote in message news:<bi0rlf$464u6$1@ID-75195.news.uni-berlin.de>...
. . .
And when the woman comes back and says she's going to sue you for evicting
her without legal process, tell her . . . ummm, I don't know what to tell
her. Think of something.
McGyver
If it came to it, I'd feel pretty comfortable going before a judge
having a letter from the husband that stated that the couple
had voluntarily vacated the property per my request of 30 days prior;
corroborated by the fact that they
had indeed removed all their valuable possessions from the house and
had
not paid rent for the period following the removal of those
possessions.
-bret
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"McGyver" <Greyprof@msn.com> wrote in message
news:<bi0rlf$464u6$1@ID-75195.news.uni-berlin.de>...
. . .
This is good formal procedure, but since you are in contact with the
husband,
and don't seem to be in a particularly adversarial relationship with
him, it is probably faster, less expensive, and more convenient to ask
him to sign an agreement terminating the lease immediately, and
dispose of the junk immediately (or at least declaring it of no value
and giving you permission to dispose of it if he hasn't finished the
job by the end of the weekend) in exchange for limiting his liability
for future rent, eviction costs, etc. If he has keys to the car, he
may be quite willing to move it to the street for you - or you can ask
him to have it towed. But if you can't get such an agreement signed
today, I wouldn't put off starting the three-day notice either - you
can always stop the formal eviction process at any time he is willing
to voluntarily do what you want - and you generally have the pressure
of pointing out that he will have to pay mounting rent, court costs,
sherriff's fees, etc. the longer he drags this out.
And when the woman comes back and says she's going to sue you for
evicting
her without legal process, tell her . . . ummm, I don't know what to
tell
her. Think of something.
McGyver
If it came to it, I'd feel pretty comfortable going before a judge
having a letter from the husband that stated that the couple
had voluntarily vacated the property per my request of 30 days prior;
corroborated by the fact that they
had indeed removed all their valuable possessions from the house and
had
not paid rent for the period following the removal of those
possessions.
I agree. That would probably work. And when the owner is balancing the
inconvenience of the unlawful detainer action, your approach will probably
be his choice. Maybe it would be my choice too, primarilly because the
chances of the woman reappearing and filing suit are small. But my job is
to advise not only on the likely risks, but the unlikely ones as well. If
the woman comes back to start a fight, there are three weaknesses in your
approach, which together should put her in the win collumn.
First, the landlord rented to both ("to a young couple"). Evicting one
without legal process after the other signs a termination letter, doesn't
comply with the law (in California). Second, at the time of the husband's
signing the agreement to terminate the lease, the landlord knew that the
husband was not acting as agent for the wife. ("The young couple had a
falling out and
split up.") Third, the law is unforgiving in circumstances where
compliance with the law is easy. 3 day notice, file the unlawful detainer
(check-the-boxes form), mail and post the service, attend the hearing about
ten days later, default judgment. That's not much in the way of hardship.
McGyver
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Murphysboro is a 2 person branch office - yes, Springfield was a good guess
:)
LT
George Mealer wrote:
Wow, you are right, I am from Springfield (how did you know that?).
Give that man a kewpie doll! (I figured I had better odds with
Springfield
than with Murphysboro.)
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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I agree. That would probably work. And when the owner is balancing the
inconvenience of the unlawful detainer action, your approach will probably
be his choice. Maybe it would be my choice too, primarilly because the
chances of the woman reappearing and filing suit are small. But my job is
to advise not only on the likely risks, but the unlikely ones as well. If
the woman comes back to start a fight, there are three weaknesses in your
approach, which together should put her in the win collumn.
First, the landlord rented to both ("to a young couple"). Evicting one
without legal process after the other signs a termination letter, doesn't
comply with the law (in California). Second, at the time of the
husband's
signing the agreement to terminate the lease, the landlord knew that the
husband was not acting as agent for the wife. ("The young couple had a
falling out and
split up.") Third, the law is unforgiving in circumstances where
compliance with the law is easy. 3 day notice, file the unlawful detainer
(check-the-boxes form), mail and post the service, attend the hearing
about
ten days later, default judgment. That's not much in the way of hardship.
McGyver
Hey, folks, all I want is for them to get their junk out of my house, or
reimburse me the expense of having it done. This is starting to seem really
complicated for a $380 issue. Anyway, let me be more specific. The lease
was month-to-month, and after the falling out, we agreed verbally that that
the lease would not be renewed for the next month, and we told both of them
that the remaining 3 weeks of the month were paid but after that they would
have to move. They agreed (again, verbally).
Now, those 6 weeks have passed (3 weeks beyond the lease term) and they are
gone but a bunch of junk isn't. Again, I just want the stuff gone. Are
there additional steps I should have taken? Should a notice of the end of
the lease been sent in writing? Since their stuff is still there should I
assume they are not officially moved out and therefore I need to start a
formal eviction process (or possibly demand another month of rent)?
LT
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