Abandoned Property
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Abandoned Property (by Gee [MD]) Mar 31, 2010 4:18 AM
       Abandoned Property (by Chris [CA]) Mar 31, 2010 4:55 AM
       Abandoned Property (by Gee [MD]) Mar 31, 2010 8:51 PM
       Abandoned Property (by Lynda [TX]) Apr 1, 2010 8:06 AM


Abandoned Property (by Gee [MD]) Posted on: Mar 31, 2010 4:18 AM
Message:

State Specific Question About: MARYLAND (MD)

CORRECTION

I need help ASAP.

My non-rent paying tenant's lease expired on March 7, 2010.

She paid no rent for January, February, or March 2010. However, she moved out on March 7, 2010 before she could be legally evicted. However, just weeks before she moved out, the judge awarded me possession and and a monetary judgment. On March 8, 2010, I took possession of my property only to find out that she had locked me out!! I had to break into my own house to get inside! The house was empty except for the gargage which was a mess, filled with 2 AVTs, vacuum cleaners, CDs, photos, bikes, etc. Her brother attempted to re-gain access inside the house on March 8, 2010, but was met with my changed locks. The sheriff advised me to obtain a protective order to include a no-trespassing order. During the court session, the judge ordered the tenants to return to the residence to obtain their belongings, on 2 separate dates - accompanied by a law enforcement order. The tenants did not comply. We returned to court on the peace order and a different judge dismissed the case, citing it was a landlord/tenant matter. The ex-tenants stated that I was not in compliance. This after I waited on them for over 3 hours on both ocassions. Now the tenants are still demanding their belongings. What should I do?? --159.142.xxx.x




Abandoned Property (by Chris [CA]) Posted on: Mar 31, 2010 4:55 AM
Message:

I'm sorry you are going through this. Any witnesses who can make sworn statements and document you waiting etc.?

I would file for a TRO and go after these people in SCC. Can the neighbors watch out for these people returning?

Call the Sheriff, ask for their community Relations officer and discuss this. You want them to haul away their junk, right? But in one go and very quickly.

Doesn't an eviction come with a no trespassing order of some sorts?

Look into getting No Trespassing signs and coordinate this with the Sheriff's Dept. --125.25.xx.x




Abandoned Property (by Gee [MD]) Posted on: Mar 31, 2010 8:51 PM
Message:

Thanks so much for the help!

The sheriff's office recommended that I file a tresspassing order/peace order. A new judge in the case dismissed it! Now these deadbeats are worrying me for their property which I don't want and they don't deserve to get back given their debt to me is in excess of $7000. --64.12.xxx.xx




Abandoned Property (by Lynda [TX]) Posted on: Apr 1, 2010 8:06 AM
Message:

GEE, I too am sorry you ae going thru this--however, you set yourself up for some of it when you did not take decisive action at the time of taking possesion. You had the court order for possession. At that time you shd have moved the entire contents of the garage OUT into YOUR possession under the laws of abandonment of your state(usually 30 days from tenant's departure). You could have put it in a storage facility at THEIR cost. By the time the brother came for it it would have been GONE and you would already be doing make-ready for a new tenant. Before regaining their abandoned items they would have to pay for both the cost of changing locks--AND the monthly storage fee to the facility. To back you up in all this not only did you have the orig award of posession--but you also must have had SOMETHING saying the tenants were to go with an officer to TAKE their posessions. When they defied those dates it only further supported your abandonment actions. They could have gone to the storage facility at any time to pay and take their stuff away. It would have been their waiting for them--and not been at your property. Plus, after the 30 days(or whatever your laws say) if the items were not picked up--they belong to YOU and can be sold (on e-bay or whatever) to recover your costs.

A LL I know rents a storage facility on a constinual basis because he always has some abandoned property in need of storage AWAY from the rentals it was left in. He hardly ever has to pay the storage facility out of his pocket because he presents a 1-month storage bill to the former tenants and upon payment he immediately releases their stuff. --137.242.x.xx





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