Q: At what point can I consider property abandoned?
I am located in Michigan and have been going through the eviction process with my daughter and her husband. I filed a summons for both possession and damages. The last court appearance was via Zoom, and we have been informed we will have to appear in person on a date to be determined by the clerk for the damages. I asked the judge if we could separate the two matters, to which the judge agreed. His clerk is out sick, and follow-up documentation still needs to be completed, but I was informed a supervisor would be working on that today.
My daughter informed the court they have acquired a lease elsewhere, and all deposits have been made. She stated they would be moving and had removed large items from my home. This has been ongoing for five nights, but other things have yet to be left behind, with no progress in removing those items. When can I consider these items abandoned and enter the room to box things and clean myself?
A:
Unless there is a provision in a written lease that specifically defines when property is 'abandoned' there is no one answer to that unless the Court has made a ruling based on a supplemental complaint.
Get yourself a local landlord tenant attorney to review all the facts and provide possible short-cuts without court involvement to see what you can do. (It may involve just writing a letter with 'deadlines' but don't take that as 'legal advice because it isn't!)
Seriously, trying to do this without an attorney, ESPECIALLY because it is 'family' involved, is asking for trouble. Get representation -- it isn't too late to do that!
A: Generally speaking, a property can be considered abandoned when it is determined by a court officer or court that a tenant has abandoned the property. Alternatively, if the tenant provides you with keys to the property, that is considered delivery of their interest. Other than that, you need to proceed with caution as you do not want to lock someone out of the home believing that they 'abandoned' the property. You can subject yourself to a serious lawsuit for 'lock out' which can be VERY expensive. Contact a competent real estate attorney before you proceed further.
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