MLaw
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Depends on your local laws & procedures. In some places the Sheriff will hire someone to move the tenant's possessions of the property and leave it there. In mine, they call a contract mover (& the Landlord pays the moving -- but not the storage -- charge) or they just leave it for the LL to dispose of. In that last case the LL must dispose of it as provided by state law for disposal of abandoned property of any other tenant. |
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acermill
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You are advised to check your state's laws regarding such property. Some states require that you place the goods into storage and inform the tenant that the goods are available for their pickup if they pay the costs involved. If there is no response or they fail to 'redeem', then you can either auction or dispose of the goods. |
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yager19
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In New York Civil Law a eviction is to the curb. That is where the property is taken and left.
If not recovered by the owner within a short and reasonable time, it is considered abandoned property. To which anyone can take.
After a tenet abandons the abode/dwelling what ever property that is left now becomes property of the land lord. |
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Spock (rhp)
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in most jurisdictions, anything abandoned by tenants under an eviction order can be left on the curb or dumpstered or anything else the landlord chooses. cost of doing so can be assessed to tenants -- if you can collect anything from them (of course).
you'll want to check your laws -- google works pretty well to find them |
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reg
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We had our tenants evicted about ten years ago. The court ordered a forced eviction. The stuff they left behind was ours to dispose as we wished. The court said everything in the leased premises can be sold to settle the 'damages' part of the eviction. Read the court's decision to find out what to do with the stuff. By experience however, I think it's yours to dispose as you please. |
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MIND THE GAP
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Every state has different laws regarding property left. Consult a local real estate attorney.
In some states you must store it for a period of time. |
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healthspot_2000
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you can give it away but they will just put it on the curb, regardless of how useless it is! |
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Trouble
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You need to look up the laws for your state.
In my state, I must pay for movers and the city pays for storage. Nothing belonging to the tenant can get thrown out, go to the curb, or be given away unless I want to get sued.
The laws vary greatly from state to state, so it would be in your best interest to make sure that you do exactly as the law states. |
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Patrick
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"If the Constable has to forcibly evict the tenant, and the tenant has not arranged for a place for his/her furniture and belongings, the Sheriff or Constable can store the furniture and belongings at a storage company at the tenant's expense. A tenant must pay any storage bill before getting his/her furniture and belongings back. If the tenant does not pay the storage bill or make arrangements regarding the furniture and belongings, they may be sold by the storage company to pay the storage bill." |
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trblmkr30
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Once the tenants have left the property, any items left in the home are considered abandoned. You can do with it as you wish.
If you donate it to goodwill, you can use the charity donation to offset the gains (profits) on your rental income for the past year. This will help you with the losses you incurred evicting these folks. Check with your CPA to see how much this can help you. |
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sophieb
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See I don't know what you mean "eviction by force". Normally if someone has not paid by the first of the month (or the date you set) then you give them 3 days (by putting a notice on their door) to leave. As I know it you then file paperwork in the court. Then you can call the sheriff and request that he stop at their place to tell them to leave and wait there while they leave. If they plan to come back later for stuff they should say so. You certainly can be there to warn them that whatever they leave you will dispose of it. All I know is the law says you cannot get rid of their things. But since my question would be just "how long you should wait", well I'd think warning them when the sheriff is there would be appropriate. |
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mrsdeli
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It depends on the time frame given to the tenant to move out. You must be able to prove that a 30 day notice (minimum)was given and received by the tenant. The notice needs to be specific including the removal or disposal of any property left in and on the premises. Remember, courts side with the tenant 80% of the time. Be sure to cover your butt. |
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Expert Realtor
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In a court-ordered eviction, that is when you don't have to keep their things for 30 days.
If it was a normal tenant leaving, then you would have to send a notice, and hang onto the items for 30 days before you disposed of them. |
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