Abandoned Property (by 574-Brad [IN]) Sep 29, 2012 8:55 PM|
Abandoned Property (by BRAD 20,000 [IN]) Sep 29, 2012 11:35 PM
Abandoned Property (by ll [AZ]) Sep 30, 2012 2:59 AM
Abandoned Property (by Roy [AL]) Sep 30, 2012 3:38 AM
Abandoned Property (by TIM [IN]) Sep 30, 2012 4:11 AM
Abandoned Property (by Opinionated [NC]) Sep 30, 2012 4:40 AM
Abandoned Property (by Rick [IN]) Sep 30, 2012 5:50 AM
Abandoned Property (by Robert,Ontario,Canada [ON]) Sep 30, 2012 6:37 AM
Abandoned Property (by in [IN]) Sep 30, 2012 7:55 AM
Abandoned Property (by Rogo [KY]) Sep 30, 2012 11:35 AM
Abandoned Property (by K-Indy [IN]) Sep 30, 2012 2:03 PM
Abandoned Property (by BRAD 20,000 [IN]) Sep 30, 2012 2:09 PM
Abandoned Property (by melinda [MD]) Sep 30, 2012 5:42 PM
Abandoned Property (by 574-Brad [IN]) Oct 1, 2012 6:41 PM
Abandoned Property (by V [OH]) Oct 1, 2012 6:52 PM
Abandoned Property (by Alex [IL]) Oct 2, 2012 7:59 AM
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Abandoned Property (by 574-Brad [IN]) Posted on: Sep 29, 2012 8:55 PM
I would like to hear from someone who has:
1) Had someone moveout or evicted
2) Left property behind that COULD be considered of value. This would be anything that is not actual trash
3) Disposed of it how you felt, regardless of what a lease said
4) Had the tenant try to make a claim against you for the disposed of property
What was the end result? I've heard of people setting stuff at a curb the day after tenny moves out. I've heard of abandoned property "must be stored for 30, 60, 90, 365, whatever" days. I've heard, oh no, you have do to this and that. Indiana state law says you have to store their belongings.
I've had only 2 instances where someone has left property. 1) old A/C unit, some food in the cupboards and fridge, pictures, dishes, and a couple pieces of junk household items
2) about ½ a semi load of stuff. Enough clothes, toys, games, dishes food, furniture misc, more misc, to clothe, entertain, feed and house two families of four. In this example, the tenants told my handyman they didn't want any of the stuff, and they texted me that "all that stuff is now yours"
In both instances I trashed everything. --67.236.xxx.xx
Abandoned Property (by BRAD 20,000 [IN]) Posted on: Sep 29, 2012 11:35 PM
Indiana's law on this is vague.
I post a notice on the door sawying all items will be disposed in 48 hours and take a pic of the posting.
Sometimes we take it to their new place or their Mom's.
Judge said the court eviction date gives me possession. --50.129.xxx.xxx
Abandoned Property (by ll [AZ]) Posted on: Sep 30, 2012 2:59 AM
I had a tenant leave a very nice automotive battery charger behind a couple of years ago.
Luckily I stuck it in my shed at home, because I left the lights in my car on last night. It started the car right up! Thank you dear tenant.
The landlord across the street from my neighbor had some tenants leave a lovely white sofa, a desk, lamp, chair and end tables. As it happens we are moving my Mother into assisted living next week and this furniture will work perfectly in her new place! --24.121.xx.xxx
Abandoned Property (by Roy [AL]) Posted on: Sep 30, 2012 3:38 AM
In AL, assuming you have done a 'legal by the book eviction' (no self-help type) and you have the Writ of Possession (signed by the judge), at that point you can do whatever you want to with abandoned property left behind. Most of the time, it is put on the curb and usually the Constable is there watching you do it.
On my last eviction back in May, there was a non-running vehicle left behind and I called a tow-truck to the house and was not charged for the pick-up. The tow-truck driver asked to see my Writ of Possession though. --68.62.xxx.xx
Abandoned Property (by TIM [IN]) Posted on: Sep 30, 2012 4:11 AM
I have stored some stuff. One tenny got it all back when she paid her back rent. The other tenny, never showed up. Stored it for a yr, trashed it/garage sale. Anything that will not keep (food), throw it away ASAP. The A/C you could have kept. Rent it out at another unit or resold if the tenny didn't show up after 30 days.
Never been taken to court over it. Either way, get the stuff out. Up to you decide what is of "value." --67.236.xxx.xxx
Abandoned Property (by Opinionated [NC]) Posted on: Sep 30, 2012 4:40 AM
Whatever the tenant moves outside is to be trashed in my opinion. One tenant of mine, a young plus-sized woman with no judgment abilities, left 30 plastic garbage bags of clothing stacked outside.
So I took them home and we sorted them. The rags went to my shop, the items not our size nor taste went to The Salvation Army, and some of it was washed for our use. Sweatshirts and tee shirts became my work clothes, depending on the weather. --66.226.xx.xxx
Abandoned Property (by Rick [IN]) Posted on: Sep 30, 2012 5:50 AM
Indiana landlord/tenant law IC 32-31-4-2.
Liability;abandoned property;court order allowing removal by landlord.
Sec 2.(a)A landlord has no liability for loss or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant.
(b) For purposes of this section, a tenant's prsonal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premies and has surrendered the possession of the personal property. --64.12.xxx.xx
Abandoned Property (by Robert,Ontario,Canada [ON]) Posted on: Sep 30, 2012 6:37 AM
Every jurisdiction has a different laws regarding abandoned property. Here it is 72 hours where the unsantary things can be thrown out right away as one does not want any vermin. Often give the clothes and furniture to charities. The broken furniture is taken to the dump. --74.220.xxx.xxx
Abandoned Property (by in [IN]) Posted on: Sep 30, 2012 7:55 AM
In one of the courts in Indiana, where I have property, one judge say store it, the other say set it out at the curb.
We go back to having your Attorney file in the court he prefers, and knowing how the judge rules....
The Judge that make you store it is a friend, but we do not file in his court.
All tenants items are their treasures and your trash.
We never set anything out the tenants do, and if their is a dispute they can always make a police report, and turn the claim into their renter insurance. My picture show that no items were at the property when we entered. --98.253.xxx.xxx
Abandoned Property (by Rogo [KY]) Posted on: Sep 30, 2012 11:35 AM
I state in my lease that any abandoned property left behind will be disposed of by the landlord. No grace period. I have had anything from food to a mini van that I got rid of. --184.43.xxx.xxx
Abandoned Property (by K-Indy [IN]) Posted on: Sep 30, 2012 2:03 PM
Maybe counties are different. In Marion County we are suppose to store for 90 days.
I have never, in 21 years, had a tenant come back for belongings and I don't know how they could prove what was left. --99.163.xxx.xxx
Abandoned Property (by BRAD 20,000 [IN]) Posted on: Sep 30, 2012 2:09 PM
As Rick detailed, "reasonable" is vague.
We post the notice, log in all the phone numbers we called, and leave it piled up in the house until we're done painting, etc.
We can document to the judge that we acted in a REASONABLE fashion and made every attempt to contact the resident.
Pix pix pix!!!
In all our move outs we've only had one who complained - a 350 pound woman complained we stole her roller blades (who you kidding!) and new $300 Leather COACH brand purse.
I had taken enough pictures that I handed them to her and said "please point them out in the pictures." Gotcha!
In real life, we've never had anything of real value left by the resident. I give the clean up crew first pick and it's usually just trinkets, clothes, or maybe an cheap end table.
Oops! just remembered, I have a mounted deer head over my desk left by a res. I called him and he said "don't want it". --50.129.xxx.xxx
Abandoned Property (by melinda [MD]) Posted on: Sep 30, 2012 5:42 PM
After an eviction the left over stuff is put to the curb. I mention to the people who have assisted us in moving the stuff out that they are welcome to whatever they want. Also ask that they wait a few minutes for sheriff to leave. Have "given" some worthwhile things---framed prints, car parts and equipment, canned food, and some furniture. Better than hauling it away.
Abandoned Property (by 574-Brad [IN]) Posted on: Oct 1, 2012 6:41 PM
I was under the impression that Indiana state law said you had to store it for 30 or 90 days or something like that. I didn't think that them leaving behind stuff, whether they moved out on their own or evicted, counted as abandoned.
Was hoping to hear from someone who trashed tenants left behind property and got challenged for it. --67.236.xxx.xx
Abandoned Property (by V [OH]) Posted on: Oct 1, 2012 6:52 PM
My area so far says the 30 day clock begins at the eviction hearing, they give 10 days with kids - 7 with only adults. --64.134.xxx.xxx
Abandoned Property (by Alex [IL]) Posted on: Oct 2, 2012 7:59 AM
State and LOCAL laws dictate disposal. They just changed our County rules. On eviction date, anything left behind, we "dispose of" as we see fit. Used to be we had to have 4 guys there and set everything on the curb. Then, local neighbors take what is decent. The local prosecutor conseded that LL properly throwing it/ giving/ selling it is no different. So, do with it as you wish. But, County ruling, not state.
I've seen very very little worth keeping. Most i trash or give to other tenants. Less for me to haul out. --24.245.xx.xx
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