Q: When can I remove property that a tenant left after the lease expired and the tenants are gone?
I gave a 7 day notice in June 2019 for nonpayment of rent. The lease ended July 31, 2019 and I have a 30 day notice to end lease which the tenant acknowledged. On July 8, 2019 the tenants utilities were shut off for nonpayment (utilities are in tenants name). Tenants left all property and have not stayed at property since utilities were shut off but left all property. Tenants said they would remove their property but still have not. Lease ended on July 31st.
A:
If it is clear you’re dealing with garbage, you’re free to just dispose of it. Deduct the cost of cleaning up and making necessary repairs beyond normal wear and tear from their security deposit by following the proper procedures.
For 'abandoned' personal property the rules are a bit more complicated. Unlike many states, Michigan has no written laws telling landlords how to deal with valuable personal property an ex-tenant leaves behind. There are relevant case laws and your 'local' procedures may play in. The SAFEST way to proceed is to consult with a **local** landlord/tenant lawyer to determine how to best proceed. You've got two contradictory things going on here: 1) the utilities are off implying they have left and 2) their things are still there implying they have not left. You can't simply 'walk in' if they haven't left yet.
Seek local representation and go to court if needed to perfect your claim to possession so you can dispose of the personal property without risking a civil suit!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
