Those of you who have a clause that says possessions can be delivered to the people listed on your emergency contact form ... how does that work? Do you have the emergency contact person sign something?

In other words, Deadbeat Tenant can say & sign anything they want. They can sign something that says "take my possessions to anyone on this list." However, Emily Emergency has no idea she is listed as an emergency contact, let alone that Deadbeat has obligated her to receive his junk. Deadbeat Tenant cannot create a contract between Larry Landlord and Emily Emergency.

No "contact" is being created between you and the emergency contact. Rather, the tenant has authorized you to act as an agency in delivering their possession to place X. As long as everyone is cool with that, it shouldn't be an issue.

Worried about what would happen if Emergency contact is home at the time of delivery and doesn't WANT you to deliver their junk onto their front porch? Ah, now that's valid. Here's how we fix that...

The clause reads as follows:

"TENANT authorizes land lord to deliver any personal property of any type left behind in the premises after lease end/termination to the address of any emergence contacts listed below. If an emergency contact refuses to accept delivery, TENANT authorizes land lord to deliver possession to TENANT's current address. If address is unknown, TENANT agrees to allow land lord to dispose of any and all property at land lord's discretion."

Then you simply go by when no one is home, or if they are home and refuse...head to the dump.

Another strategy...

If the emergency contact is home and refuses delivery, you can ask if they know where so-n-so tenant is. Then you take the stuff to them. They can hand pick out what they want and you go trash the rest.

It's still cheaper than renting a unit for 30 days and having to move it all again later.

And now for the obligatory list of caveats that should be common sense when reading anything on the Internet, but if I don't say it someone will nit-pick....

This works in my area. It may not work in yours. Check with a lawyer. S i d is not a lawyer nor is he offering any legal advice. YMMV. Do not pass GO or collect $200 unless you know your state's laws. ;-)

Why are you in this position to deliver someone else's possessions?

You can't subvert state law by including "handwritten" clauses in a lease. NC state law spells out pretty much exactly how to handle possessions after a summary ejection, and delivery of them to anyone is nowhere in the law. EXCEPT to a charity who will agree to hold them separate and apart for 30 days or something like that. Unless there were some Picassos in the mix, I don't know of any local charity who wants to act as free storage for anyone.

Well this got interesting.

For all of the legal naysayers: imagine the tenant was killed in a car crash, you know about it, but those on emergency contact list don’t and likely won’t until they come looking.

Now, under these circumstances is it out of line to follow through and deliver the news, get belongings move out, re rent.

I have had this scenario play out on different occasions, once I had only phone numbers and names, phone numbers were no good. I waited four months before loved ones showed up.

Accepting legal notice, call and ask can you drop off something the nephew left at the old address, dump there...

"hoping they aren't home when you do the dump " I don't think anyone has suggested dumping when someone is home. I think what the language says is that the tenant agrees to have the emergency contact accept the items.

That does NOT mean the emergency contact WILL accept them . If that person refuses or not able to be reached, then the tenant has agreed the LL can then dispose of the items.

Nicole,

I started this idea here.

My lease is clear: page 1 is a form requiring 4 Em Contacts per adult with signatures. It states: the following trusted persons are authorized to accept communication from Management (phone, text, email, mail, voice, etc) and deliveries on my behalf.

The prime contact is on bold and boxed with the words In case of death, incapacitation, or incarceration this person may remove my presonal property.

Indiana law is vague. Eviction/possession does not give the LL the right to dispose. LL must STORE, give notice, etc.

The few times we have actually delivered the amount was minimal (a handfull of boxes and a dresser or 2) and we did it quickly. Covered with a tarp. We left a cooy of the evictee’s Em Contact list in their own handwriting taped to them pile. Pics to prove it. No backlash.

Very very few items of value are ever left. With the new popularity of texting we can usually yext them ‘Are you all out of 123 Main? If so please reply YES.

I must add: the Em Contact list was started for court service.

And sending them the Move Out Packet pages they signed in the lease, even for evictees has greatly improves move outs.

Interesting spin on Pa law.

Under act 129, you are suppose to provide the former resident notice that they left something behind. That notice starts the initial 10 period.

If they do not respond to text or phone contact, I have sent them a written notice in first class mail and sent a second copy of the same notice to myself.

Your suggestion is to contact the emergency contact and deliver the items there.