Abandoned personal property/selling home

[EllenB288]

What is the name of your state? Virginia
I need to know how to proceed in the sale of my home with regards to some abandoned personal property.

 

[zddoodah]

Abandoned by whom?

Abandoned under what circumstances?

What was abandoned?

Have you communicated with the person who abandoned the property? If so, please describe the communications.

 

[EllenB288]

The property consists of a car, furniture, electronics, clothing, and various other things in boxes that I have not seen.
The items belong to an acquaintance of my family. We met him about two years ago. He was recovering from an auto accident in a nursing facility nearby. He asked if he could spend some time on the property and use it as therapy to get his body moving again. We gave him permission to do so. He cleaned up and worked in the yard.
One day he told me he was going to loose his storage unit and his belongings and asked if he could store them in the barn. We gave him permission. He also brought a car and parked it in the yard. He is not happy with me now and will not respond to my texts. I have been told that he is living in his truck, so I can't send him any mail.

 

[quincy]

The property consists of a car, furniture, electronics, clothing, and various other things in boxes that I have not seen.
The items belong to an acquaintance of my family. We met him about two years ago. He was recovering from an auto accident in a nursing facility nearby. He asked if he could spend some time on the property and use it as therapy to get his body moving again. We gave him permission to do so. He cleaned up and worked in the yard.
One day he told me he was going to loose his storage unit and his belongings and asked if he could store them in the barn. We gave him permission. He also brought a car and parked it in the yard. He is not happy with me now and will not respond to my texts. I have been told that he is living in his truck, so I can't send him any mail.

Where are you located in relation to this house of yours?

Have you been told that this fellow is living in his truck on your property or is he living somewhere else? If the latter, do you know where?

 

[EllenB288]

I am about 60 miles from the property. I do have a trail cam pointed at the access to his belongings. I also have family in the area who drive by and report anything unusual. If he is really living in his truck it is not likely to be on the property. Too many people watching.

 

[EllenB288]

I don't know where he would be parking his truck.

 

[Zigner]

This *may* be of use to you: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1254/

 

[EllenB288]

This *may* be of use to you: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1254/

I read through this and I appreciate the suggestion. It was never a tenant/landlord situation, so I don't really know what applies here.

 

[zddoodah]

It was never a tenant/landlord situation

Yes it was. You allowed another to possess premises you owned. Even if you had no lease agreement (whether written or verbal), a landlord/tenant situation existed. Specifically, he was an at-will tenant.

I suggest you confer with a local attorney about how best to deal with this situation, given that the property appears to be significant and the former tenant appears to have no mailing address.

 

[adjusterjack]

I read through this and I appreciate the suggestion. It was never a tenant/landlord situation, so I don't really know what applies here.

Whether it was technically a landlord-tenant arrangement or not, it still requires an eviction through the courts. It's a complicated process because it involves disposing of another's property.

It's not a DIY project. Paying a lawyer will avoid mistakes that could be a lot more costly.

The court will grant you a writ of possession and authority to dispose of the unwanted property in a lawful manner.

 

[EllenB288]

Yes it was. You allowed another to possess premises you owned. Even if you had no lease agreement (whether written or verbal), a landlord/tenant situation existed. Specifically, he was an at-will tenant.

I suggest you confer with a local attorney about how best to deal with this situation, given that the property appears to be significant and the former tenant appears to have no mailing address.

Thank you for sharing your knowledge. I will seek counsel.