Q: Partial move of tenant
I have a peculiar situation. My renter has moved 90% of his belonging from my house but has left a few things such as desk and some other junk items. He does not live in my house anymore. However, I do not know if I can take possession of the house legally given the fact that some of his stuff is still in the house. When I ask him to take the rest of things, he never gives a clear answer, promises to clean it up, but does not follow through. This back-and-forth has been going on for the last 7 days. I have three questions:
1. Can I take the possession of the house legally given the fact he does not live there anymore and he has moved out 90% of his belongings.
2. Can I change the locks?
3. If I change the lock, what do I do with his remaining belongings?
I would appreciate any help on this matter. Thank you!
A:
If a tenant moves and leaves stuff behind, you can interpret that in two ways. First, what he's left behind is garbage and he's deemed to have abandoned the property. You have to post a notice of belief of abandonment for three days (or something like this -- I've done it once before). After the time period, you can go in and reclaim the property and change the locks. I'd take pictures of what he's left behind because the determination of whether it's garbage or not is sometimes subjective.
Second, if what he's left behind isn't garbage (e.g. the desk looks new, seems valuable, etc), then you have to determine whether the property is worth at least $300. If not, then you can toss or keep the items for yourself and reclaim the property and change the locks. If it is worth more than $300, then you have to store the property for at least 18 days during which the tenant has the right to arrange with you to come retrieve it. If he doesn't come back within 18 days, you can sell the items and deduct your storage costs. If there is any money left over, you have to give it to the county to hold, just in case the tenant wants to come back to get his money.
I've never had a case go that far before. When the tenant leaves stuff behind, it is either garbage they were too lazy to toss or the tenant comes back within the 18 days and takes the property away.
Andy
A: Does the tenant still have the keys to the unit? If so, you should post a notice of abandonment for three days. Then you can enter the unit and change the locks. If the belongings are valuable, you are obligated to store the belongings and attempt to return them to the tenant, less any storage fees. You can deduct that from the security deposit. If the belongings left behind are junk or trash, then you can just throw them away.
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