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Additional Details
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adam c 29 | Moved into a house with garage full of previous owners stuff/tools and bits of old cars.. can i throw it away? |
can the previous owner take legal action in gaining compensation for any of his belongings i throw out? how long can he expect me to not have use of my own garage for?.. it is rammed full of junk. Want an answer from someone in the know.. a legal person please.
i do not have a forwarding address for him.. just a mobile number that he doesnt answer. |
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NWA Ray
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If you have taken possession of the property & have already closed on the property, then that stuff is yours!
Be kind though. Try calling. I wouldn't give it longer than a week before I called a dump truck.
Or better yet, sell it in a garage sale!
Then you can keep the cash around for a little while. If he calls asking for his stuff, give him a portion of the profits, but take out your hourly rate for having the sale & marketing the sale! :)
If you throw it all out & he ask for "compensation", then take out the portion that you charge for removing the items from the property. Also, the dumping cost & any storage fees that you would charge for keeping the stuff as long as you have.
He probably wouldn't call back after that.
It is best to ask this question to one of your local real estate agents and/or attorneys. This type of thing can vary from state to state.
If all else fails, call Bill Handle (on the Law)! |
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GD-Fan
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wait 30 days..then it will legally be abandoned...toss it..you own the property now..he knows that and, he never made a move to get his things back....he probably left it on purpose because he didn't feel like going to the dump |
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lala 16
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it's ur stuff now, throw it away if u want. |
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MamaBear
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Are you renting or did you buy the house? If you bought the house, it's yours as of the possession date. Call a dumptruck and clear the junk out. If you are renting, it's not yours -- technically, it's your landlord's. Ask the landlord what he wants to do -- if I were the landlord, I'd call a dumptruck! |
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lynn18050
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Your house, your property, i would assume he does not want it.
you really need to contact a lawyer on this one, or even better just give the local police a quick call and see where you stand. |
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hallam_blue
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You can get someone in to clear it for you, and charge the previous owner for the cost. But surely, if you bought the house from him, your solicitor (or equivalent where you are) must have a way of contacting him through his solicitor. |
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The_Smak_Daddy_SMACK!!
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its yours now!!
toss it or sell it! |
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Expert Realtor
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Yes, you can after 30 days of posession it's considered legally abandoned property. You are under no obligation to store it or return it, and are yours to do as you wish.
I wouldn't waste your money on an attorney.
Items left from a Real Estate transaction are not like other types of transactions.
The owner was there at the closing, or his representative was...and that is the difference...by signing over the Deed he acknowledged transfer of everything that was left on that parcel, whether it could be moved or not. There was a reasonable expectation that he is not planning on returning...unlike an apartment where someone leaves in the dead of the night. That is why landlords usually have to store things.
I have seen people leave entire houses of furniture, animals, broken down vehicles, garages PACKED with expensive tools. Freezers full of food.
I always do a walk through the day before and the morning of closing with my clients...some of them want an escrow for removal, some of them want to go through the items and possibly keep or sell it. It's up to them.
I have never even heard of a remote case where someone has come back and successfully sued someone for the return of an abandoned item.
PS: If you are feeling guilty about throwing it away, call your closing attorney or the selling Agent...I guarantee they know how to get ahold of this fellow. |
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flamingojohn
 |
If you bought the house and you have closed on it- you can do whatever you want with the stuff left behind. Your purchase contract should specify that the seller was to remove all of their items from the property on a specific date and anything left behind they no longer have a right to. You should leave him a message on his phone and perhaps send a certified letter to him- the title company you closed with should have his address- saying the items will be put on the street on a specific date if he does not come get them. Doing that will make sure you are out of any trouble if he tries to press it- but technically if the contract does not allow them to keep their belongings in the home after the closing date- you are fine with throwing it all out now. |
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Spock (rhp)
 |
consult state law before you take hasty action.
Probably, it is 'abandoned' and therefore yours.
And, there's likely someplace where that isn't immediately so.
A little care might save a big headache later.
GL |
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florayg
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well I'm not a lawyer but I found a load of money in a house I bought and the legal advice was its mine, it came with the house. So I would say you own the junk, and inspect it carefully before you chuck it because there might be some money hidden in it...he can't come back and take plants out of the garden can he? Surely it's the same thing. |
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house_questions
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Once you legally close on your house anything that the prior owner left is yours to do with what you want. Toss it, donate it or keep it...it's completely yours now! |
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tha man
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Hi.. Legally the house is now yours. The previous owners have no right on it so they can not take any action on you. You can junk the stuff or sell ot .
Its all urs do anything |
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wisernow
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If you are in the U.K. you must post a notice on the garage door stating that the person who can prove ownership, must collect it/remove it within 30 days or pay a demurrage charge of £5.00 per day. Demurrage meaning storage on secure premises i.e. your home.If after the 30 day term, it is not collected/removed, then the property belongs to you which you can sell to cover storage costs,etc. I think it is strange that the previous owner did not leave a forwarding address for mail etc?. |
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honestinjun
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Put a notice on the garage requiring a timed response. If no response from the owner after that time then dispose/use as you see fit. 14 days would be more than adequate. |
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golden
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you can sell it or throw it away and send them a bill for removing it |
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dolly dewdrop
 |
if you have bought the house his junk should have been taken with him, you can claim the cost for getting it removed through your solicitor. if you are renting i would ask the landlord to remove it immediately, its his problem then. |
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Keyakey
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If your name is on the Deeds then yes you can remove the unwanted junk from your property. He may of left it behind to be lazy and leave you to do all the hard work of getting rid. Check out freecycle.org and see if you can list any unwanted items on there. |
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acermill
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Presuming you purchased this property, why on earth did you close with a garage full of crap ? As a real estate agent, I ALWAYS check on the day of closing to see if all is in good shape and EMPTY. If not, I immediately arrange for escrow monies to be held UNTIL the crap is removed.
You are now in a sorry situation. Your inability to contact this person in writing prevents you from giving him an eviction notice (yes, that is what you have to do). If you cannot legally evict, then you must go through the courts to have the property declared legally abandoned before you can dispose of it.
As far as someone referring to the remainder of us as 'bozos', said person might take a goodly look into a mirror. The statutory law does NOT just allow you to toss this stuff out. If the owner of the items comes back to claim them and they are not available, you might find yourself in a lawsuit you do NOT want. Check with an attorney concerning the laws in your area and be guided accordingly. |
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KD
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Does the house belong to you now? If so, the house and all the contents, unless the previous owner has cleared this in writing with yourself, belongs to the new owner.
Speak to legal aid and don't rely on anything you get from some of the bozos on this site. |
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