evicted tenant belongings (by Carolyn [KS]) Jan 24, 2010 3:25 PM
evicted tenant belongings (by Josh [CA]) Jan 24, 2010 3:40 PM
evicted tenant belongings (by Josh [CA]) Jan 24, 2010 3:53 PM
evicted tenant belongings (by Carolyn [KS]) Jan 24, 2010 3:53 PM
evicted tenant belongings (by Carolyn [KS]) Jan 24, 2010 4:00 PM
evicted tenant belongings (by Josh [CA]) Jan 24, 2010 5:02 PM
evicted tenant belongings (by Martin [MO]) Jan 24, 2010 5:05 PM
evicted tenant belongings (by Josh [CA]) Jan 24, 2010 5:06 PM
evicted tenant belongings (by Josh [CA]) Jan 24, 2010 5:12 PM
evicted tenant belongings (by Carolyn [KS]) Jan 24, 2010 10:01 PM
evicted tenant belongings (by Reid [KS]) Jan 24, 2010 10:52 PM
evicted tenant belongings (by Virden [OH]) Jan 25, 2010 5:34 AM
evicted tenant belongings (by Josh [CA]) Jan 25, 2010 6:40 PM
evicted tenant belongings (by Josh [CA]) Jan 25, 2010 6:40 PM
evicted tenant belongings (by Josh [CA]) Jan 25, 2010 6:56 PM
evicted tenant belongings (by Robert J [CA]) Jan 25, 2010 10:34 PM
evicted tenant belongings (by Josh [CA]) Jan 25, 2010 10:40 PM
evicted tenant belongings (by Carolyn [KS]) Posted on: Jan 24, 2010 3:25 PM Message:
State Specific Question About: KANSAS (KS)
I have a tenant who I have evicted for non-payment of rent. The tenant did not move and the locks were changed. I have found out the tenant has outstanding warrents and will not remove her belongings with a civil standby. There is also a vehicle in the garage. How long do I have to store the tenants stuff and what is the process for getting rid of it. We are not able to clean or re-rent this unit due to the tenants belongings still in the unit. Thanks --24.124.xx.xxx |
evicted tenant belongings (by Josh [CA]) Posted on: Jan 24, 2010 3:40 PM Message:
I don't understand what you mean by a
"civil standby?"
--24.176.xxx.xx |
evicted tenant belongings (by Josh [CA]) Posted on: Jan 24, 2010 3:53 PM Message:
(d) If the tenant abandons or surrenders possession of the dwelling unit and leaves household goods, furnishings, fixtures or any other personal property in or at the dwelling unit or if the tenant is removed from the dwelling unit as a result of a forcible detainer action, pursuant to K.S.A. 61-2301, et seq., and amendment thereto, and fails to remove any household goods, furnishings, fixtures or any other personal property in or at the dwelling unit after possession of the dwelling unit is returned to the landlord, the landlord may take possession of the property, store it at tenant's expense and sell or otherwise dispose of the same upon the expiration of 30 days after the landlord takes possession of the property, if at least 15 days prior to the sale or other disposition of such property the landlord shall publish once in a newspaper of general circulation in the county in which such dwelling unit is located a notice of the landlord's intention to sell or dispose of such property. Within seven days after publication, a copy of the published notice shall be mailed by the landlord to the tenant at the tenant's last known address. Such notice shall state the name of the tenant, a brief description of the property and the approximate date on which the landlord intends to sell or otherwise dispose of such property. If the foregoing requirements are met, the landlord may sell or otherwise dispose of the property without liability to the tenant or to any other person who has or claims to have an interest in such property, except as to any secured creditor who gives notice of creditor's interest in such property to the landlord prior to the sale or disposition thereof, if the landlord has no knowledge or notice that any person, other than the tenant, has or claims to have an interest in such property. During such 30 [30-day] period after the landlord takes possession of the property, and at any time prior to sale or other disposition thereof, the tenant may redeem the property upon payment to the landlord of the reasonable expenses incurred by the landlord of taking, holding and preparing the property for sale and of any amount due from the tenant to the landlord for rent or otherwise.
(e) Any proceeds from the sale or other disposition of the property as provided in subsection (d) shall be applied by the landlord in the following order:
(1) To the reasonable expenses of taking, holding, preparing for sale or disposition, giving notice and selling or disposing thereof;
(2) to the satisfaction of any amount due from the tenant to the landlord for rent or otherwise; and,
(3) the balance, if any, may be retained by the landlord, without liability to the tenant or to any other person, other than a secured creditor who gave notice of creditors interest as provided in subsection (d), for any profit made as a result of a sale or other disposition of such property.
(f) Any person who purchases or otherwise receives the property pursuant to a sale or other disposition of the property as provided under subsection (d) of this section, without knowledge that such sale or disposition is in violation of the ownership rights or security interest of a third party in the property, takes title to the property free and clear of any right, title, claim or interest of the tenant or such third party in the property.
--24.176.xxx.xx |
evicted tenant belongings (by Carolyn [KS]) Posted on: Jan 24, 2010 3:53 PM Message:
When we had the locks changed a police officer stood by while a locksmith changed the locks. The officer said the tenant had outstanding warrents. A civil stand by is when a police officer will stand at the property while the tenant removes their belongings. In this case the tenant will be arrested before they are allowed to move. The tenant does not want to be arrested so will not pick up belongings. --24.124.xx.xxx |
evicted tenant belongings (by Carolyn [KS]) Posted on: Jan 24, 2010 4:00 PM Message:
Thanks Josh, that helps alot. --24.124.xx.xxx |
evicted tenant belongings (by Josh [CA]) Posted on: Jan 24, 2010 5:02 PM Message:
Thanks I now understand the civil stand by.
I get confused easy between Kansas and Kentucky.
The above is from the Kansas law links.
It sure isn't real plain what you are to do.
She probably isn't going to ever pick up anything. She is going to run right? But the landlord still has to go through the procedures. Sucks lemons.
Is it all junk like most tenants leave?
--24.176.xxx.xx |
evicted tenant belongings (by Martin [MO]) Posted on: Jan 24, 2010 5:05 PM Message:
We have units in KS and MO. KS is a little annoying as it can be quite time-consuming to publish notices, store the belongings, conduct a sale, etc before disposing of the tenants personal effects. Simply storing the belongings for 30 days is quite a temptation to the tenant to break in and steal it back.
How much effort do you want to put forth to protect yourself from a deadbeat tenant whom you know has a warrant?
You have to decide whether it is worth the exposure of simply throwing everything out and moving on. --70.246.xx.xxx |
evicted tenant belongings (by Josh [CA]) Posted on: Jan 24, 2010 5:06 PM Message:
Can you ask the court what to do with the car in the garage? Or do you think she will try to bust her car out of your garage? If it is worth anything I would move the car some where secure then do the procedures and sell it at auction.
--24.176.xxx.xx |
evicted tenant belongings (by Josh [CA]) Posted on: Jan 24, 2010 5:12 PM Message:
Good point Martin.Is there a pauper limit on the total value? We use that in CA. It's $300 or under rule. After 15 or 18 days depending you can do what you wish with the stuff.
If it's over $300 in value in CA we have go through the same procedures of inventory and auction yadda yadda.
--24.176.xxx.xx |
evicted tenant belongings (by Carolyn [KS]) Posted on: Jan 24, 2010 10:01 PM Message:
I have been worried that the tenant might try and break in because there is a lot of stuff in this unit and some of it is fairly nice. I suspect that the tenant was catching rides with other people to avoid the vehicle getting repossessed but that is just a guess. The court has told me I will need to contact an attorney regarding what to do with the belongings and the vehicle sincle they are not allowed to give legal advice. If I knew for sure the vehicle was going to be repo'd I would love to just open the garage door and let them have it but, I am not sure I could legally do that so, I think I will have to seek legal advise. --24.124.xx.xxx |
evicted tenant belongings (by Reid [KS]) Posted on: Jan 24, 2010 10:52 PM Message:
Look on Page # 33 of the kansas Landlord Handbook . You can down load a copy at WWW.HCCI-KS.ORG --70.244.xxx.xx |
evicted tenant belongings (by Virden [OH]) Posted on: Jan 25, 2010 5:34 AM Message:
The way I interpret this scenario is to clean out any perishable food, move everything in the center of the room to repair/refinish - rent-a-center may come take away property that the tenant does not own while you do the fix ups and have the sale with a for rent sign also on display - I think I would make a sign with my phone number and the auto license plate in a front window or on the door so the auto finance company can also get what is theirs to clear the garage. --76.241.xxx.xxx |
evicted tenant belongings (by Josh [CA]) Posted on: Jan 25, 2010 6:40 PM Message:
On the 3rd tues of every month my City of Long Beach courthouse has free consultations with lawyers. Usually there are 2 of them. Perhaps your courthouse has the same thing?
There is also a law library that the public is free to access.
What about your apartment association?
Did you do the eviction yourself? If you had a lawyer do it what do they say?
--24.176.xxx.xx |
evicted tenant belongings (by Josh [CA]) Posted on: Jan 25, 2010 6:40 PM Message:
On the 3rd tues of every month my City of Long Beach courthouse has free consultations with lawyers. Usually there are 2 of them. Perhaps your courthouse has the same thing?
There is also a law library that the public is free to access.
What about your apartment association?
Did you do the eviction yourself? If you had a lawyer do it what do they say?
--24.176.xxx.xx |
evicted tenant belongings (by Josh [CA]) Posted on: Jan 25, 2010 6:56 PM Message:
Read page 61 and 52.
h
ttp://www.hcci-ks.org/Kansas%20Landlords%20Handbook%20%282007%29.pdf
Why couldn't the court tell you to look in this handbook? Or have it available for purchase. All the states are hurting for $.
Our government is so ignorant at times.
I would print out the handbook if I were you. Study it for use now and in the future.
.
Does every State have a Landlord/Tenant handbook?
CA has one.
--24.176.xxx.xx |
evicted tenant belongings (by Robert J [CA]) Posted on: Jan 25, 2010 10:34 PM Message:
I had a simular problem here in California, are eviction laws are different than yours. I followed our local "rent Control laws" governing tenants property. Since the tenants stuff wasn't worth very much, the tenant decided to sue me six months later in small claims court, saying I wouldn't allow them to reclaim their stuff. The tenant had pictures of the furnature when it was new, from 4 years ago during a Christmas party.
I had simular pictures from the Sheriff's Lock Out, same room, same furnature, but current -- furnature with holes, glass broken coffee table, beds without frames or headbords, dressers with broken drawers. My pictures were time stamped and showed the evicting offices (neck down with ID and badge). The x tenants were seeking $5000 in lost furnature, they walked out of court after the judge started to ball them out for lying about the condition and value of their belonings. Without pictures, detailed inventory, any tenant can try to take advantage of their landlord. Becareful and follow you local laws. --98.119.xxx.xx |
evicted tenant belongings (by Josh [CA]) Posted on: Jan 25, 2010 10:40 PM Message:
Great post Robert J. Take lots of pictures always and keep your tenant records forever.
I store my old records in the basement.
I'm surprised how often I access those old records to. For past vendors and things.
LL's calling for a applicant check. They will be there if I ever run into a sitch like Robert J did.
--24.176.xxx.xx |
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