Tenant Possessions (by Wix [TN]) Jun 22, 2017 6:42 PM
Tenant Possessions (by Amy [MO]) Jun 22, 2017 7:14 PM
Tenant Possessions (by plenty [MO]) Jun 23, 2017 5:18 AM
Tenant Possessions (by S i d [MO]) Jun 23, 2017 5:46 AM
Tenant Possessions (by Wix [TN]) Jun 23, 2017 8:48 PM
Tenant Possessions (by Wix [TN]) Posted on: Jun 22, 2017 6:42 PM Message:
I recently had to ask a tenant to move; prior to moving this tenant ask for an additional week and I agreed to prorate rent for that week. The tenant was able to move out by the agreed upon date; however, he did not pay for the additional week, he also left the home damaged and not clean at all (I have his security deposit to cover most of that).
The question is have is about the possessions that he left behind (in the outside shed). Tenant stated that he will be back to get his riding lawn mower, and anything else that is in the outside shed (but as of now has not been back). I have a tenant moving in on the first of the month and need to have the shed cleaned out one way or the other. So I was wondering what I can I do (legally) with his belongings that are still in the shed at the end of the month?
I do have this clause in my lease, but it applies more toward leaving the home w/o paying... ABANDONMENT: Abandonment shall be defined as the absence of the Tenant from the leased premises for a period of seven (7) or more consecutive days while rent or any owing monies remain unpaid- whereupon Tenant will be considered in breach of this Lease. This definition is subordinate to, and shall not in any way impair, the rights and remedies of Landlord under this Lease or applicable Tennessee law, except that in case of abandonment, Landlord or Landlord’s agents may immediately or any time thereafter enter and re-take the leased premises as provided by applicable Tennessee law, and terminate this Lease without notice to Tenant. --76.22.xxx.xxx |
Tenant Possessions (by Amy [MO]) Posted on: Jun 22, 2017 7:14 PM Message:
Be sure you know the laws in Tennessee as far as personal property that is left behind- FIRST.
Do you have a section of your lease regarding payment for storage of personal property? I would use that to tailor what to tell your tenant.
Tell tenant, "Per the terms of the lease you have ____ days to retrieve the remainder of your personal items for which you will be charged a fee of $____ per day and after ____ days if not retrieved, your personal items will be disposed. It is in your best interest to retrieve your items as soon as possible if you want them as we cannot be held responsible for extended storage. Thank you. " --136.32.xxx.xxx |
Tenant Possessions (by plenty [MO]) Posted on: Jun 23, 2017 5:18 AM Message:
Treat the items in the shed just like items in the house. Call him up and tell him you need these items removed this weekend. And that u are sending a written request, like the one above. And on Monday next week these items are forfeited... And he will be charged the cost to remove. You may also suggest he use any free services, like Craigs list or free junk man to come and pickup these items. Call him, ask him to get in there this weekend. He may already have plans to do so. --66.87.xx.xxx |
Tenant Possessions (by S i d [MO]) Posted on: Jun 23, 2017 5:46 AM Message:
Need to know your local law on this. Land lords who just throw stuff away or keep stuff risk getting sued for a lot of $$$. I recommend speaking to a local land lord / tenant attorney. The $100 it costs you will be well worth it for this situation and the future.
In Missouri, once possession is given over I have NO DUTY to store anything for any period of time. Out on the curb it goes and the "pickers" come and clean it up. I've seen some pretty nasty stuff get loaded onto pick up trucks that scour the city for gleanings. My handyman loads up the rest on his dump bed truck after 24 hours.
For the future, I would not agree to do any extensions like this unless they pay for a full month. Deals like these one week extension rarely work out well in my experience. I rent by full months only. If they don't like that, they can leave as agreed on the last day of the month. --173.19.xx.xxx |
Tenant Possessions (by Wix [TN]) Posted on: Jun 23, 2017 8:48 PM Message:
Thanks for all the good advice! --76.22.xxx.xxx |
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