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What Can I Keep In Lieu Of Rent?

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pejordan

Junior Member
What is the name of your state?MS

I was in the process of evicting a tenant whose rent was a month and a half late for September and never paid for October. On October 20th she informed me that she would be moving out on October 26th. On the 26th I went over to the property (she has no phone) to give her a written acknowledgement of her intent to move and an itemized copy of the rent she still owed. On the morning of the 27th, I went to the house to clean the room she was living in (there are two other college kids living there) and she was still sleeping in the room! I told her that she informed me she'd be out and that I expected her out and the rent paid by 5pm. I went back at 5 and she had packed up her things, but they were still there. At 8pm she finally arrived and I told her to collect her things, return the keys, and if there were things she could not take then, to call me and I'd let her in to get them, but she was not to return to the property unless I was there. She never called me again, but I found out through people we both know that she has been spending tons of money (she still hasn't paid the $420 she owes me) and that she has moved to Kansas. She left a computer and a couple of boxes of her things. Can I keep her abandoned computer? Also she broke into the house the weekend after I collected her keys and stayed there! I called the police and they told me they had to catch her there to arrest her and that I should keep her computer for the rent she owes. Can I do this and what should I do with the rest of her stuff?
 


BelizeBreeze

Senior Member
You cannot avail yourself of self help. YOu need to follow the L/T laws of your state. And if you don't know what they are, you need to hire an attorney.

If you take and sell the property she can come back and sue you for conversion and recover.
 

pejordan

Junior Member
I was just wondering what I could do with all of her stuff she abandoned. I'm not a storage facility and she owes me $420!!!! The stuff she left is worth about that much. I know I'll never see this money, so... seems logical....
 

BelizeBreeze

Senior Member
pejordan said:
I was just wondering what I could do with all of her stuff she abandoned. I'm not a storage facility and she owes me $420!!!! The stuff she left is worth about that much. I know I'll never see this money, so... seems logical....
Then go to Border's and buy a book about being a landlord or hire an attorney to sue for the money owed AND disposal of the property.
 

pejordan

Junior Member
I know I can get a book on being a landlord. I was under the impression that this site was for quick advice on common legal issues. If you're unsure of what the law is on this particular issue, please refrain from being a smart ass. Thanks.
 

BelizeBreeze

Senior Member
pejordan said:
I know I can get a book on being a landlord. I was under the impression that this site was for quick advice on common legal issues. If you're unsure of what the law is on this particular issue, please refrain from being a smart ass. Thanks.
I told you what the law is. So now you can wait for someone to tell you what you WANT to hear. :rolleyes:
 

pejordan

Junior Member
So, the law is to hire an attorney? I want to know what an attorney would tell me besides to sue her in a civil suit. Have I no other options? :confused: :confused: :confused:
 

BelizeBreeze

Senior Member
pejordan said:
So, the law is to hire an attorney? I want to know what an attorney would tell me besides to sue her in a civil suit. Have I no other options? :confused: :confused: :confused:
YOu have no other options. YOU have no rights to take the law into your own hands, to take someone else's property or to convert property you do not own to your own use.

The ONLY other thing you can do is to take her to small claims court on your own. However, since you are having trouble understanding the concept of conversion, I would advise against doing this yourself.
 

pejordan

Junior Member
I do understand conversion. Thank you. :)
In the past, I've known other landlords to put a lock-out on apartments when tenants did not pay rent. All of their tenant's stuff was in there. They can't get into the apartment. Is this against their rights? She can break into my rental house and the police can't do anything about it unless they catch her there....This is bull.
So, she can just leave her crap in my house and there is nothing I can do about it, but smile and wait for a court proceeding? All the while I'm getting screwed because I can't rent out the room with all of her crap in it?
Maybe you're right and I'm just a complete retard, but this sounds really unfair. I have to give her 30 days notice for a whole bunch of crap, but she can just not pay rent and use my house as a storage facility that I have to pay for?????? Until I can get someone to "officially" kick her out???
 

Motherto6

Member
What Belize is trying to tell you and maybe you just need to hear from someone in addition is that in this situation there are certain ways to handle the tenants things. You can NOT keep them and count it good, because it will bite you in the back side. This is for your benefit to listen. You may be able to store the items in a storage facility and charge reasonable fees for that. But YOU must attempt to contact the former tenant and advise that you have her belongings and that she has 30 days to pick them up... blah, blah, blah. You have to know what the Landlord/Tenant laws are in your state. You can find that out by getting a book on them. You should have it anyway as other issues may come up. As a Landlord you have certain legal responsibilties that you have to abide by. If you don't, it is to your own detriment. You have the right to take her to small claims court to pursue the matter, but if you plead ignorance to the laws regarding L/T issues, you will walk out empty handed.
 

pejordan

Junior Member
I have a feeling I'm going to end up empty handed no matter what I do. I know this kid will never show up in court and I'll end up costing myself more money in the long run. Thanks for trying to make me think logically though. Sometimes frustration gets the best of me. :(
 

Motherto6

Member
Just because you have to legally notify the tenant that you have her things does not mean you have to lose. There may be a statute of limitations for her to pick up her things and if she fails, then legally they would be yours to "dispose" of. However, you need to know for sure, if this ability exists. If she came back say 8 months later and took you to court for her items you could tell the Judge that you notified her and did everything by the book, but she failed to respond. Then the law would be on your "side". You have to follow what the law says and not assume. I agree that it is frustrating to deal with people who owe you money and being a Landlord had got to be one of the toughest things. I feel for you.
 

HomeGuru

Senior Member
pejordan said:
I know I can get a book on being a landlord. I was under the impression that this site was for quick advice on common legal issues. If you're unsure of what the law is on this particular issue, please refrain from being a smart ass. Thanks.

**A: peejordan strikes again.
 

Ellerge

Member
:cool: The tenant has moved out of State - kiss your rent money goodby - you will NEVER see it! As for her 'things' - follow the Law! You cannot keep them for rent! Thats the Law!
But - Here is what I would do. Write her, at her last known address, my rental, that the 'junk' she left behind I will dispose of at the dump in 30 days if she does not come to get it. Write her 3 letters that say a certain date. Make sure that the letters had my correct return address on them. Do NOT open the letters when they return. Attach a copy of the letter to the outside of the letter - for the Judge - if it ever comes to that! I would re-rent the place NOW. Chances are that she will NEVER contact you again. If she does, be nice, do NOT mention that she owes rent, make arrangments to meet her at the house to return her 'stuff'. FORGET about meeting her. See that she does NOT break into the house - if she does, call the cops. If you are taken to Court at any time, state you were willing to give her the 'things' she left behind but she never contacted you, It was ONLY junk that she left behind. Play hardball - get offensive!
Know what you are doing and know the Law.
Look at it this way - she STOLE from you!
If you are lucky enough to get her in jai so that she has an address in your State - sue her!
 

pejordan

Junior Member
Thank you very much for your help. It's nice to know that there are people out there who can have a more mature approach to these situations. I appreciate your input. -PeeJordan, Ha ha
 

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