TENANT LEFT (by DONNA [NV]) Mar 25, 2008 9:39 AM|
TENANT LEFT (by gordonr56 [MI]) Mar 25, 2008 10:15 AM
TENANT LEFT (by BillS [CO]) Mar 25, 2008 10:25 AM
TENANT LEFT (by RR [WA]) Mar 25, 2008 10:39 AM
TENANT LEFT (by Ellie [IL]) Mar 25, 2008 11:02 AM
TENANT LEFT (by Hamlet [GA]) Mar 25, 2008 11:58 AM
TENANT LEFT (by Rusty [MD]) Mar 25, 2008 4:45 PM
TENANT LEFT (by Janet [KY]) Mar 25, 2008 9:36 PM
TENANT LEFT (by Lynda [TX]) Mar 26, 2008 7:32 AM
TENANT LEFT (by billy button [MA]) Mar 26, 2008 8:03 AM
TENANT LEFT (by DONNA [NV]) Mar 26, 2008 8:23 AM
TENANT LEFT (by DONNA [NV]) Mar 26, 2008 8:34 AM
TENANT LEFT (by Hamlet [GA]) Mar 26, 2008 6:14 PM
TENANT LEFT (by Mike45 [NV]) Mar 26, 2008 8:12 PM
TENANT LEFT (by DONNA [NV]) Posted on: Mar 25, 2008 9:39 AM
State Specific Question About: NEVADA (NV)
THE TENANT WE HAD RENTING A ROOM IN OUR HOME MOVED OUT AND LEFT SOME FURNITURE IN OUR GARAGE. HE WAS NOT ON A SIGNED MO TO MO RENTAL AGREEMENT OF ANY KIND BECAUSE HE WAS A FRIEND OF OURS SO WE ONLY HAD A VERBAL AGREEMENT. WE DID NOT PART BEST OF FRIENDS AND WOULD LIKE HIM TO REMOVE HIS FURNITURE FROM OUR GARAGE, HOW LONG DO WE LEGALLY HAVE TO KEEP IT BEFORE IT CAN BE REMOVED? HE HAS ALREADY BEEN GONE A WEEK AND LEFT US A NASTY NOTE IN OUR MAILBOX THAT WE COULD NOT REMOVE THE ITEMS FOR 30 DAYS AND IF WE DID HE WOULD SUE US. HE MOVED IN 10-20-07 AND MOVED OUT 3-15-08 THE LAST RENT MONEY WE RECIEVED FROM HIM WAS 2-15-08. WE DON'T HAVE AN ADDRESS TO MAIL A CERTIFIED LETTER TO HIM OTHER THAN HIS WORK ADDRESS BUT I DON'T WANT TO INFORM HIM OF ANYTHING UNTIL WE KNOW OUR RIGHTS. CAN YOU PLEASE ADVISE US --24.234.xxx.xxx
TENANT LEFT (by gordonr56 [MI]) Posted on: Mar 25, 2008 10:15 AM
Can't read your post. Looks like your Cap Lock is stuck. --204.106.xx.xxx
TENANT LEFT (by BillS [CO]) Posted on: Mar 25, 2008 10:25 AM
Caps are considered screaming and are hard to read. My advice is to get an attorney knowledgeable in NV landlord tenant law. Pay them a few bucks for an answer that they will defend in court.
TENANT LEFT (by RR [WA]) Posted on: Mar 25, 2008 10:39 AM
Store for 30 days as per:
NRS 118A.460 Procedure for disposal of personal property abandoned or left on premises.
1. The landlord may dispose of personal property abandoned on the premises by a former tenant or left on the premises after eviction of the tenant without incurring civil or criminal liability in the following manner:
(a) The landlord shall reasonably provide for the safe storage of the property for 30 days after the abandonment or eviction or the end of the rental period and may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the property to the tenant or his authorized representative rightfully claiming the property within that period. The landlord is liable to the tenant only for his negligent or wrongful acts in storing the property.
(b) After the expiration of the 30-day period, the landlord may dispose of the property and recover his reasonable costs out of the property or the value thereof if he has made reasonable efforts to locate the tenant, has notified the tenant in writing of his intention to dispose of the property and 14 days have elapsed since the notice was given to the tenant. The notice must be mailed to the tenant at the tenantís present address, and if that address is unknown, then at the tenantís last known address.
(c) Vehicles must be disposed of in the manner provided in chapter 487 of NRS for abandoned vehicles.
2. Any dispute relating to the amount of the costs claimed by the landlord pursuant to paragraph (a) of subsection 1 may be resolved using the procedure provided in subsection 7 of NRS 40.253.
TENANT LEFT (by Ellie [IL]) Posted on: Mar 25, 2008 11:02 AM
So you send registered letter to your address, wait until 30 days are up and get rid of it. --64.218.xx.xx
TENANT LEFT (by Hamlet [GA]) Posted on: Mar 25, 2008 11:58 AM
As others have said, be guided by the laws of your state. In general, a landlord does have some responsibility for the belongings of a tenant after the tenant has vacated, but not indefinitely.
But, be sure that you save the note the ex-tenant gave you because in the note he has apparently agreed to a 30 day storage. Armed with that note, you could dispose of his stuff after 30 days - but please keep reading.
My advice here is twofold:
- don't be in a hurry to dump his stuff because you are mad with him. If it is not in your way, leave it there for a few months if he doesn't come to claim it. That way if you end up in court, you can offer proof (the note) that the tenant agreed to a 30 day storage and you held on to it for longer. Have a witness to the disposal that can verify the date (this might be a receipt from Goodwill or similar). If you do get rid of his stuff,do just that - don't convert his property to your personal use. That won't look good in court, either a criminal or civil court.
I have been through this numerous times and let me assure you that chances are pretty good that he will show up at some point to claim his stuff. Life will be a lot simpler for you if you still have it in your possession. In the meantime, make an inventory of what is in your possession and have that verified by another person. When he comes to claim his stuff, have him sign a receipt for the items listed. If he refuses to do sign a receipt, then don't give him the stuff - if he wants to call the cops, let him because the cops will side with you. That signed receipt will protect you from him coming back later to claim that something is missing.
If the stuff is in your way, you can put it in storage and reasonably ask him to re-imburse you for the cost of storage BEFORE you give him the key to get his stuff. Most states will support this course of action - don't know about NV.
- next time you rent a room (or anything for that matter), have a written lease. Without a written lease, you voluntarily give up many of your rights. --68.158.xxx.xxx
TENANT LEFT (by Rusty [MD]) Posted on: Mar 25, 2008 4:45 PM
What furniture, I don't see no furniture. --71.166.xx.xxx
TENANT LEFT (by Janet [KY]) Posted on: Mar 25, 2008 9:36 PM
Don't you just love it when they have to nerve to tell YOU what you will and won't do with your property?? --74.236.xxx.xxx
TENANT LEFT (by Lynda [TX]) Posted on: Mar 26, 2008 7:32 AM
Again, I tend to disagree with the group. This "tenant" has nothing--no contract, no paper--all verbal--nothing to prove he has left anything there. Nothing that gives him ANY rights of a tenant. He was a friend that Donna rented a room aout to in her OWN house. He left her owing money and demanding she store his stuff for 30 days. As far as police goes--it is her word against his--and they will just say it is a civil dispute. If anyone did this to me, I would NOT take care of their stuff. He left a note? What note?? I never got any note, and he never left any stuff! What kind of scam are you trying to pull here guy? --140.140.xx.x
TENANT LEFT (by billy button [MA]) Posted on: Mar 26, 2008 8:03 AM
put everything in writing.dont do biz with friends or family.i dont know your local laws but i would let it sit a month.after that start pressuring him.maybe move it after a while if he doesnt.good luck.if u do all caps u irritate people here. --208.58.x.xx
TENANT LEFT (by DONNA [NV]) Posted on: Mar 26, 2008 8:23 AM
thanx for all your comments, sorry for the caps, this was my 1st time in using this website! we don't want to be difficult about this situation but again this is our home and were trying to do a favor to a friend and feel that he is trying to take control of our space. we were told by someone that we only had to hold it 15 days not 30 since there was not any type of written agreement between us but i don't know where to look this up to confirm info any ideas where to find regarding nevada law --24.234.xxx.xxx
TENANT LEFT (by DONNA [NV]) Posted on: Mar 26, 2008 8:34 AM
thanx for all your comments, sorry for the caps, 1st time in using website. we were told that we only had to keep it 15 days since there was no signed rental agreement only a verbal but i want to to the right thing and follow nv laws any ideas as to where i can find this info? i have a printed nrs:chapter 118a but don't see this info --24.234.xxx.xxx
TENANT LEFT (by Hamlet [GA]) Posted on: Mar 26, 2008 6:14 PM
OK, since Lynda disagrees with the group, I'm going to disagree with her!
If the tenant paid rent, then he has the rights of a tenant, even if there was no written lease. The prudent course here (to quote Bush the Elder) would be to hold on to the stuff and return to the tenant. I can promise you that the law will come down on the side of the owner of the property if the tenant comes looking for his stuff in a reasonable time (which I would say is 60 days or less), absent any agreement to the contrary.
Donna is a landlord because she took rent. She has the obligations of a landlord, which include that of bailment in a situation like this one. The bailee (Donna) has the duty of care and the duty to re-deliver the property.
From the POV of reasonableness, I think it is easier to hang on to the stuff for a while and be able to deliver it to the owner, rather than go through the time-wasting battle that will ensue if you can't return it. --68.211.xx.xxx
TENANT LEFT (by Mike45 [NV]) Posted on: Mar 26, 2008 8:12 PM
Donna, RR quoted the applicable Nevada law (Nevada Revised Statutes, 118A.460.
My own interpretation of this law is that you have to wait 30 days after the tenant left. THEN on day 31 or later, send him a notice by certified mail, return receipt requested, telling him that unless he claims his stuff within 14 days, you will dispose of it. (Since he has 14 days to claim it, you can't dispose of it until Day Notice plus 15.)
Send it to his work address AND to him at your address (just in case he left a forwarding address with the Post Office). Send both copies certified RRR.
Don't forget the "reasonable investigation" requirement. That includes calling his office to verify that he still works there, and calling mutual friends and his family, if you know them (since you don't have references from a rental application) to try to get his current address.
I know that some people think that you can send that 14 Day Notice on day 16, so that you can act on day 31, but I have seen at least one Vegas judge disagree. So I won't take that risk if I don't have to. Unquestionably, if I send the letter of Day 31 and trash the stuff on Day 46, I am reasonably safe.
As to the "what stuff" approach, well, I disagree. If the tenant sues me, I am not going to state under penalty of perjury that there was no such stuff; I don't bear false witness. Instead, I am going to have a VIDEO of everything that was left, which I would have taken on March 15 -- the day the tenant left -- with a date stamp on it, to protect myself against the former tenant's potential claim that there was more stuff or that it was in different condition.