Eviction and Abandonment

On March 10th, I posted a 30 day notice to vacate on a tenant's door. On April 10th, tenant was still there, so I filed for Eviction. On April 19th, my tenant's ex-wife calls me and says my tenant has left and is now living in another state but does not know if he intends to come back and get all of his hoarded junk. So, on April 19th, I posted an Abandonment notice on the door which gives the tenant 72 hours to either call me or run the risk of me removing all of his stuff and taking it to a landfill. Also, on April 19th, tenant's power and water were turned off for non-payment.

Now that the 72 hours has expired,....what would you do next here?

My real question is: Do I need a Writ of Possession to remove his hoarded junk from the premises? --71.207.xxx.x

Eviction and Abandonment (by Ken [NY]) Posted on: Apr 23, 2022 8:02 AM
Message:

I would evict,you cant count on the x wife giving you good info.They could be setting you up. --74.77.xx.xx

Eviction and Abandonment (by Roy [AL]) Posted on: Apr 23, 2022 8:16 AM
Message:

Ken,

In AL, when power and water have been off for 7 days straight, (this will true on Tuesday), my city's building dept. would condemn the house and would immediately evict the tenants. However, there are no tenants here to evict and I have a hoarded junk heap that is probably rat infested now. After this ordeal is over with, I will start doing the 2-minute home inspections prior to renting to my next tenant.

Setting me up for what? On Tuesday, I will have a rock solid case for abandonment. --71.207.xxx.x

Eviction and Abandonment (by zero [IN]) Posted on: Apr 23, 2022 9:11 AM
Message:

If the utilities are off and the abandonment notice is up on Tuesday I would have no problem with changing the locks and getting someone in to trash it out.

My last belief of abandonment notice included me changing the locks as the deadbeat had destroyed the locks making them able to open without a key. I let her in to get her things, which was one TV. She left the rest of the trash as I figured she would.

I would not need any additional paperwork at this stage. --107.147.xx.xxx

Eviction and Abandonment (by S i d [MO]) Posted on: Apr 23, 2022 9:32 AM
Message:

Time to read up on the law for your state on abandonment. It should say what to do regarding taking possession of the property and whether or not you are responsible for storing tenant's stuff. Or call a local land lord / tenant attorney and ask. Cheaper than getting sued in court because he claims you threw away his vintage set of autographed Jimi Hendix guitars.

--184.4.xx.xx

Eviction and Abandonment (by Roy [AL]) Posted on: Apr 23, 2022 9:49 AM
Message:

Sid,

AL LL/tenant laws are somewhat vague, especially on the topic of Abandonment. I will call my attorney and ask for his advice.

Zero - my tenant has removed my door locks and replaced them with ones that don't lock. Anyone can walk in this house right now. With all of the dog food scattered on the floor, I am sure the rats are having a feast right now.

--71.207.xxx.x

Eviction and Abandonment (by Roy [AL]) Posted on: Apr 23, 2022 10:02 AM
Message:

Sid and others,

Google this: AL Landlord Tenant Act 35-9A-423(d) and tell me if that paragraph gives me the legal right to remove the contents and take it all to the county dump. On Monday the 25th, the 14 day waiting period will expire. --71.207.xxx.x

Eviction and Abandonment (by Vee [OH]) Posted on: Apr 23, 2022 10:19 AM
Message:

In OH we have vague abandonment rules but health rules allow going in to remove decaying food stuffs that contribute to rodents and pests, that is what I would do. Take notice of interior, secure the property - that is the owner/manager responsibility, take a few photos of damages so you can get helpers - teams to make the follow up from court go quickly, and if you haven't yet mow and trim for good looks. --76.190.xxx.xxx

Eviction and Abandonment (by tryan [MA]) Posted on: Apr 23, 2022 10:46 AM
Message:

I file this one under "easier to beg for forgiveness than to to ask for permission". Haul it, clean it and rerent. --76.119.xxx.xxx

Eviction and Abandonment (by RTR [AL]) Posted on: Apr 23, 2022 10:55 AM
Message:

If I have already paid for the eviction (269.00 +AL) I would just wait for the sheriff to put them out. Abandonment rules have too many ifs --99.111.xx.xxx

Eviction and Abandonment (by RB [TN]) Posted on: Apr 23, 2022 11:22 AM
Message:

Roy,

respectfully, how does that work in Alabama with the

Tenants power and water being shut off ?

Were these utilities included in the rent, on you,

or were they in the Tenants name, on them ?

Who has the authority to shut these utilities off,

and at "what point" during Tenancy / Occupancy ?

I'm sure others would like to know, also.

--24.183.xxx.xxx

Eviction and Abandonment (by Ken [NY]) Posted on: Apr 23, 2022 11:47 AM
Message:

Roy,I dont care what any law says,if you throw his junk out he still can sue you for those guitars Sid thinks are there and do you want to stand in front of a tenant friendly judge and be the mean greedy uncaring landlord who threw out the poor tenants belongings especially the guitar signed Jimi Hendrix at woodstock? You sy there are no tenants to evict? until he turns in the key you have a tenant whether he is physically there today or not,he may show up next week --74.77.xx.xx

Eviction and Abandonment (by WMH [NC]) Posted on: Apr 23, 2022 12:44 PM
Message:

I don't know about AL, but NC says this:

Determining Whether the Property Is Abandoned: When deciding what to do with property left behind at a rental unit, landlords must first make sure that the property and the rental unit have actually been abandoned by the tenant. According to North Carolina law, landlords can consider a rental and the property within it abandoned:

* when the lease or rental agreement has expired, there's clear evidence that the tenant has left for good, and the landlord has no notice of a disability that caused the vacancy

* when the lease or rental agreement hasn't expired: Ten days after the landlord posts a notice stating that the landlord believes the rental has been abandoned in a conspicuous place both inside and outside the rental, and has received no response from the tenant, or

* after the execution of a writ of possession (eviction). --50.82.xxx.xxx

Eviction and Abandonment (by zero [IN]) Posted on: Apr 23, 2022 12:44 PM
Message:

If the doors won't lock who's to say what kind of people will go in there and take the guitars?

Maybe they will take everything and you will show up to an empty house, ready to rent.

Hey, it could happen. --107.147.xx.xxx

Eviction and Abandonment (by Jason [VA]) Posted on: Apr 23, 2022 2:25 PM
Message:

In my state, a 30 day notice to vacate posted on March 10 wouldn’t take effect until May 1. Virginia laws on abandonment are pretty straightforward. I don’t know your state’s laws. --73.177.xxx.xx

Eviction and Abandonment (by S i d [MO]) Posted on: Apr 23, 2022 3:16 PM
Message:

Here's what the law says.

"(d)If a tenant leaves property in the unit more than 14 days after termination pursuant to this chapter, the landlord has no duty to store or protect the tenant's property in the unit and may dispose of it without obligation."

The only thing unclear about this is the lease terminated persuant to (according to the terms) of this section. If yes, you're clear after 14 days to do whatever you want with stuff left behind.

--184.4.xx.xx

Eviction and Abandonment (by Robert,OntarioCanada [ON]) Posted on: Apr 23, 2022 5:30 PM
Message:

If the power and water is off then the tenants are definitely not living there. The probability of the tenants coming back are very low as they already had free rent and owe utilities. Some tenants are in the never ending eviction, trashing out cycle which happens every three to six months. Careful credit checks on all adult applicants minimizes the probability of getting problem tenants. Had someone around thirty looking for rental unit where he said him and girl friend needed a rental unit where handed him two rental applications where he said his girl friend did not need to fill out. They were holed up in mothers basement which sounds like in movie where bad people are holed somewhere. He called six months later where he forgot the number where they were still holed up in the basement. One town in Ontario a group of tenants trashed out every rental unit then moved on. While some think thorough credit checks on all adult applicants is expensive it is like spending pennies on the dollar when compared to rent arrears along with completely trashed out rental. They maybe still living in town where not moved out of state. More then likely they have found another rental housing provider who handed the keys through the gates of hell where now the experience of tenants from hell has begun. First get rid any thing that is unsanitary right away. Separate out what can donated to charities then take pictures of the trashed out rental home. What can not be donated then a few truck loads to the dump. If they take you court then can will able to take them later to small claims court for rent arrears, damages and cleaning. Anytime on credit checks they owe utilities or other bills then they are immediately disqualified as unpaid bills and unpaid rent go hand in hand together. They take the beds which means they will never come back. --68.69.xxx.xxx

Eviction and Abandonment (by Roy [AL]) Posted on: Apr 23, 2022 10:07 PM
Message:

What I am going to do is this,...bag up everything and put it on the front porch. Things that can't be easily bagged (car tires) will be piled up in the front yard. I will have my cleaning crew clean the place and when I have the Writ of Possession (2 weeks?), I will then dispose of everything. In the 2 week meantime, I can be looking for another tenant.

RB - I would never take responsibility for a tenant's utilities which is one of many reasons I would never buy a multi-unit. All of my tenants have power/water in their names (or a relative) and when they stiff the utility companies after 45 days of non-payment, the utility companies cut off their power/water with no questions asked.

--71.207.xxx.x

Eviction and Abandonment (by Robert,OntarioCanada [ON]) Posted on: Apr 23, 2022 10:21 PM
Message:

A apartment building it is possible to convert to where the tenant pays and controls use. The most abused utility is hydro electric where if in tenants name they will not open windows then plug in heaters. Next the heating system where if natural gas is available then can install a high efficiency wall mounted gas boiler or install a high efficiency split heat pump. To separate out water then have use commercial Uponor pex 3/4" pipe into suite then a meter can be installed where can buy on Amazon. A lot of apartments where built when utilities were cheap where now after separating out the cost of conversion will be recovered in shorter time. All the apartment building owned where one the hydro electric was converted by installing sixteen meters where one meter was for the apartment building. When you own rental properties is not never but tough decisions are made. Car tires here are hazard waste where have to take to special recycling place. A lot of problem are looking for keys with no credit check. In the province of Ontario vacancy rates are at zero or one per cent on and off where those with credit score below the seven hundreds will keep looking for keys. Those who rolled the dice by handing out keys where in for surprise where the lengthy eviction process dragged on for months then after possession a completely trashed rental house or rental unit. --68.69.xxx.xxx

Eviction and Abandonment (by JAC [OH]) Posted on: Apr 23, 2022 10:37 PM
Message:

Power and water off, they are gone. Go in and do what you need to do. I can't tell you how many times I have had to do this. The longer you wait the more money you will lose. --72.49.xxx.xxx

Eviction and Abandonment (by Roy [AL]) Posted on: Apr 24, 2022 7:42 AM
Message:

'Power and water off, they are gone.' This is not true in Class D hoods which this is. In Class D hoods, tenants are accustomed to getting their utilities shut off for non-payment and they have figured out 'creative ways' to live without power and water. They will run a 100 ft. extension cord to their neighbor's house and also steal buckets of water to flush their toilet with. Bathing or doing laundry is not a high priority to them.

In Class D hoods, the best indicator of a tenant vacancy is whether or not the dogs are still there. If the dogs and the big screen TVs are gone, then they are gone and that is the case here. --71.207.xxx.x

Eviction and Abandonment (by zero [IN]) Posted on: Apr 24, 2022 8:29 AM
Message:

I wish that the utility companies around here would do the 45 day (or shorter) rule.

One electric company allows them to get far behind. They shut the power off and allow them to get it back on by paying a small portion. Had one tenant get shut off so many times that the main breaker went bad. Then I replaced it and the other went bad, fused itself on. Glowed red. I had to replace the bus bar in the breaker box. Told her no more shut offs or she was gone.

She got shut off and just left. Good riddance.

Different town did the same thing with water. If tenant paid $25 they would keep it on. Tenant would eventually skip out and the town would hold me responsible for hundreds in unpaid water and sewage.

I now have all the water in my name and make them pay me within a weeks time. It's a pain, but I don't get stuck that way. --107.147.xx.xxx

Eviction and Abandonment (by Roy [AL]) Posted on: Apr 24, 2022 8:58 AM
Message:

Zero,

Power and water companies here do the same thing,...if the deadbeat tenant continues to pay whatever the min. amount is, the utilities will stay on. However, the key thing is these utilities are not in my name and do not get back billed to the landlord (me) after a tenant skips out.

This afternoon I will visit my hoarded property and take inside/outside photos of everything. I will be putting new locks on the doors and checking for rodents. I am praying that the two toilets here are not full of poop.

--71.207.xxx.x

Eviction and Abandonment (by zero [IN]) Posted on: Apr 24, 2022 9:23 AM
Message:

Only the water company billed me directly. I have heard they no longer do that because someone threatened to sue. I just leave those four units in my name.

Something that most do is make the homeowner pay the sewage or face a lien being placed on the property. I think that is wrong.

Three different water companies and they all do it. Some say it is a state law, some say that nobody has pushed it far enough to get it resolved. I don't know for sure except that I do not like it.

Best of luck with the toilets. Hint: Take a couple buckets of water either way. Just in case. Besides if the water has been off for a while the traps are probably dried out and the sewer gas will be headed up into the house.

Best of luck! --107.147.xx.xxx

Eviction and Abandonment (by Sandy [CO]) Posted on: Apr 24, 2022 9:25 AM
Message:

I have an abandonment clause in my lease that helps me to deal with this situation and clarify when I can take back possession. Maybe check your lease to see what you might have fir this issue? --45.134.xxx.xxx

Eviction and Abandonment (by Roy [AL]) Posted on: Apr 24, 2022 9:36 AM
Message:

Zero,

My best defense against any poop whether it be inside or outside,...is a bag of Lime. Powdered lime is cheap and works quickly in keeping the foul odor under control. I will have to get the water turned back on before any attempts at flushing takes place. In extreme cases, the entire toilet has to be duct taped shut and taken to the landfill. Similar to a refrigerator that has rotted food in it. Tape it shut and haul it off. This is the reason I do not put refrigerators in rental houses,...it is a disaster just waiting to happen. --71.207.xxx.x

Eviction and Abandonment (by Small potatoes [NY]) Posted on: Apr 25, 2022 8:48 AM
Message:

Roy what percentage of your tenants can't get utilities in their name? I found I had to hold to that line to avoid disaster tenants, who are also waltzing out on their cell phone providers etc... all of which demonstrate lack of ability to be responsible and proof they won't care about me either. --172.58.xxx.xxx

Eviction and Abandonment (by Small potatoes [NY]) Posted on: Apr 25, 2022 8:48 AM
Message:

Eviction and Abandonment (by Ray-N-Pa [PA]) Posted on: Apr 25, 2022 12:11 PM
Message:

You as the LL will have the right to safe guard your property.

So go in and get the place locked up.

If there is a pile of crap left behind, I would be storing the stuff in the vent that they claim it. I would be storing it in a 40 yard dumpster. If they come back - they can haul it away and pay for it.

If they don't come back you can get it hauled away.

Either way, code enforcement sees that you trying to clean up a place that got away from you. --24.101.xxx.xxx

Eviction and Abandonment (by RB [TN]) Posted on: Apr 26, 2022 1:45 PM
Message:

11- identical posts.

Another future 3- star member. --24.183.xxx.xxx

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Eviction and Abandonment

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