I am a storage facility

[statefan]

What is the name of your state? Tennessee
I was away from home for a long period of time last year (June through November) and allowed my cousin to move in to our house and keep an eye on our dogs and the house while we were away. No big deal. We did not ask to pay any rent or expenses, but noless, he took over our house, including our bedroom!
After Christmas, he started coming around less and less, saying he was staying with a friend in another close by city, and as soon as he got an apartment, he would get his stuff out. Well, that was a year ago. He has been here periodically to get a few things, last time was August or September when I made him come get his big screen TV. My husband has since moved everything to the basement, but he has not made any appearances to collect his belongings. My husband is also ready to throw everything out but I am worried about being sued, plus it is my cousin afterall. Can anyone tell me if we would be in the right or wrong if his stuff was disposed of, or should I contact the local sheriff's office for advice?
Thanks in advance!

 

[justalayman]

Tennessee

§ 66-28-405
Property remaining on premises is considered abandoned after (1) a tenant has been absent for at least 30 days without explanation or (2) at least 15 days have passed since the tenant was supposed to pay rent and it appears to the landlord that he has vacated the premises.

Under the latter circumstance only, the landlord must notify the tenant of his intention to take possession of the property within 10 days unless he is contacted. If the tenant does not contact him, the landlord can remove tenant's belongings from the premises and store them for not less than 30 days. If during this time the tenant does not recover his possessions, the landlord can sell or otherwise dispose of the property. He can apply sale proceeds to any unpaid rent, damages, and storage fees.

this is the best I could find that would apply to your situation. Your cousin, for all practical purposes was/is a tenant so I beleive this would be applicable to the stuff.

I did find this from another website that does seem to back up the first:

However, the Tennessee Uniform Residential Landlord & Tenant Act provides a “safe harbor” for the landlord who is willing to wait for 30 days. The Act provides that the tenant’s unexplained absence from the premises for 30 days or more without payment of rent is prima facie evidence of abandonment. The landlord is then expressly authorized to enter the premises and remove and store the personal items of the tenant. If the tenant does not claim the personal items within an additional 30 days, the landlord is authorized to sell or dispose of the items and apply the proceeds of sale to the unpaid rent, storage fees, etc. Of course, it is unlikely that there will be a balance left over after the unpaid rent, storage fees, etc., are paid. However, if there is such a balance, the landlord is required to hold it for six months. Presumably, if the balance is not claimed by the tenant, the landlord is permitted to keep it.

If you have an address for the guy, you can send a letter certified, return reciept requested notyfying him of the imminent action. If you get no results, it's hello Mr. Junkman.