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A tenant vacated ( moved their trailer ) and left items behind such as
broken bicycles, lawn mower, childrens toys, broken ironing board, etc.
They have been gone for 2 months now. We called them to have them
come to remove their belongings, but they said they only wanted the
lawn mower. We told them "All or nothing". The woman hung up.
Do they still have a right to claim their belongings or is there a time
limit whereby they forfeit such ?
TIA
Ima
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A tenant vacated ( moved their trailer ) and left items behind such as
broken bicycles, lawn mower, childrens toys, broken ironing board, etc.
They have been gone for 2 months now. We called them to have them
come to remove their belongings, but they said they only wanted the
lawn mower. We told them "All or nothing". The woman hung up.
Do they still have a right to claim their belongings or is there a time
limit whereby they forfeit such ?
They have the right to claim the belongings anytime unless your lease says
otherwise. They also have the right to sue you for conversion because of
your refusal to let them have the lawnmower. Conversion is the civil suit
equivalent of theft. That could mean punitive damages. Have a nice day.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
McGyver
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On Wed, 02 Apr 2008 13:01:26 +0000, McGyver wrote:
They have the right to claim the belongings anytime unless your lease says
otherwise. They also have the right to sue you for conversion because of
your refusal to let them have the lawnmower. Conversion is the civil suit
equivalent of theft. That could mean punitive damages. Have a nice day.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
McGyver
So you're saying they can use us for temporary/permanent storage ? For
as long as they deem fit ?
There never was a lease/contract. Month to month and word of mouth.
We want to clean up the lot. We want to get rid of the stuff they left
strewn all over it.
Ima
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On Wed, 02 Apr 2008 13:01:26 +0000, McGyver wrote:
So you're saying they can use us for temporary/permanent storage ? For
as long as they deem fit ?
Yes, but nothing to prevent you from charging a fee and it's not permanant.
After so many days it is abandoned.
What I would have done is call it "trash" and taken funds from their deposit
for desposing of that trash.
If you are renting, don't you think it would be best if you knew the laws
there?
There never was a lease/contract. Month to month and word of mouth.
We want to clean up the lot. We want to get rid of the stuff they left
strewn all over it.
Ima
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On Wed, 02 Apr 2008 13:01:26 +0000, McGyver wrote:
So you're saying they can use us for temporary/permanent storage ? For
as long as they deem fit ?
Sorry, I didn't mean to say that. I re-read my answer and it didn't come
out right. Here is what I should have said, plus some added stuff:
As long as you still have the tenant's property, they can claim it, not
matter how many months or years that may be. But after you have disposed of
it, in accordance with state law, they can still request it but they won't
have a right to any damages from you arising out of your disposal of it,
provided that you disposed of it in the proper way.
Your state has laws about how long you must store the tenant's property
before you dispose of it. I don't know what those laws are, but your local
landlord's association website or tenant's association website will have the
answer. I would be surprised if the answer is more than 60 days. If you
don't find the answer on those websites, you will have to do an internet
search. If you are not good at internet searches, I will give it a try.
But now back to the important issue. The tenant said she wanted the
lawnmower and you said "All or nothing". That means "No." "No" means you
are refusing to let her have her lawnmower. That is conversion.
You might be able to undo the conversion. I suggest you call her and tell
her she can have the lawnmower and whatever else she wants and you will
deliver it if she wants, or she can pick it up any time and you will hold it
for her for another month. If she accepts and ends up with it, you have
escaped. If she won't take your call, she might be contemplating a lawsuit.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
McGyver
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