Abandoned Furniture After Tenant Left...
Hi all, first time landlord, first time DIY eviction. Nice forum you have here!
Tenant 2 months behind rent:
Posted 3 day notice.
No response, filed Complaint and Sheriff served tenant. Tenant did not respond within time specified, but did move out as far as I now. Neighbor has not seen any activity for 15 days now and said she had spoke with tenant when they came over to pick up mail and they are living at a hotel. Tenent left old furniture, back door unlocked, and the electricity on.
I went ahead and filed the Motion for Default. Can I go ahead and change the locks and dispose of the furniture? Or do I need to continue the eviction process and file the Final Judgement and Writ of Possession?
I did a walk through since the back door was unlocked and found a note on the couch addressed to me stating a few items that she had broken and that needed fixed and that she would be back tomorrow to pick up items left by the back door. It has been a week since I read this, still no activity.
Any help appreciated, thanks.
You will need to wait until you have completed the eviction process before removing client's furniture from your house. Otherwise, your tenant can come back and hold you responsible for illegally removing his stuff from your house. How much longer do you have to wait to finish the eviction process? Are you in good terms with the tenant?
thanx for the quick response!
The Complaint for Eviction gave her till Dec. 1 to vacate. Neighbor has not seen them there since, other than to pick up mail. I filed the Default yesterday (16th), will go to the courthouse today and file the Final Judgement and see about getting a Writ of Possession. Time left? However long it takes the sheriff to go out there, probably a few days. I guess the sheriff will over see me moving her stuff to the curb and changing the locks?
Good terms with the tenent? No.
Quote:
On 2004-12-17 14:31, tzachari wrote:
You will need to wait until you have completed the eviction process before removing client's furniture from your house. Otherwise, your tenant can come back and hold you responsible for illegally removing his stuff from your house. How much longer do you have to wait to finish the eviction process? Are you in good terms with the tenant?
I am not sure of FL, but here in NJ. the sheriff is just responsible for changing locks and giving you full access to the house. Sheriff will not oversee you moving your tenant's stuff. Sheriff's job is to make sure nobody is in the house while changing locks. Once Sheriff does changes locks, move your tenants stuff to your basement or other storage place and have a notice on the door for tenant with directions on how to get his stuff. Also put notice that tenant cannot enter the apartment since it does not belong to him anymore.
I have an abandonment clause in my lease that states:
"Ten days' physical absence by Resident without having paid all moneys due, or removal of the substantial portion of Resident's physical property with rent being paid, and, in either case reason to believe Resident has vacated the Property with no intent again to reside therein shall be conclusively deemed to be an abandonment of the Property by the Resident. In such event and in addition to Management's remedies set forth in the paragraphs titled Security Deposit, Termination and Return of Possession and Management’s Remedies, Resident's title for any personal property remaining in or around the Property or Building shall thereby pass under this Lease as bill of sale to Management without additional payment or credit by Management to Resident. The same will apply to all personal property remaining on the premises after the normal termination of this Lease."
Ask an attorney if this clause is legal in your state. If so, stick it in your lease. This way you don't have to wait for an eviction to move on.
It seems pretty clear to me that the tenant has moved out. I would ask an attorney in your state if you actually have to follow through with the eviction process in this case.
If so, I would take pictures of everything the way it is. Then I would go ahead and move everything into the garage and clean up the place and start showing it now. Then you can sign a lease for the expected possession date or later.
When the judge gives you the eviction date, immediately go to the sherrif and schedule the eviction for that day. Don't wait, because sometimes there's a wait of several weeks or so.
Good Luck
I have an abandonment clause in my lease that states:
"Ten days' physical absence by Resident without having paid all moneys due, or removal of the substantial portion of Resident's physical property with rent being paid, and, in either case reason to believe Resident has vacated the Property with no intent again to reside therein shall be conclusively deemed to be an abandonment of the Property by the Resident. In such event and in addition to Management's remedies set forth in the paragraphs titled Security Deposit, Termination and Return of Possession and Management’s Remedies, Resident's title for any personal property remaining in or around the Property or Building shall thereby pass under this Lease as bill of sale to Management without additional payment or credit by Management to Resident. The same will apply to all personal property remaining on the premises after the normal termination of this Lease."
Ask an attorney if this clause is legal in your state. If so, stick it in your lease. This way you don't have to wait for an eviction to move on.
It seems pretty clear to me that the tenant has moved out. I would ask an attorney in your state if you actually have to follow through with the eviction process in this case.
If so, I would take pictures of everything the way it is. Then I would go ahead and move everything into the garage and clean up the place and start showing it now. Then you can sign a lease for the expected possession date or later.
When the judge gives you the eviction date, immediately go to the sherrif and schedule the eviction for that day. Don't wait, because sometimes there's a wait of several weeks or so.
Good Luck
In Florida after the sheriff has been to the premises (after the writ of possession) you can take everything and set it by the curb.
[addsig]