My tenant didn't move out at end of lease!

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GNRick

Retired member
Joined
Mar 21, 2004
Messages
5,485
Well, I need to move into the rental house that I own because I have tenants moving into the house I currently live in, in about 10 days. The lease ended yesterday and they still have boxes in there. They are no longer actually living in it. I did some research and apparently only the sheriff can see to it that their belongings are moved to the curb. So I was thinking, can I start moving my stuff into the house and change the locks? Then, in the mean time, I can go through the legal process to evict them and get their stuff moved out. I will allow them to move their stuff out if they want. I prepared an agreement that states they must pay rent while their stuff is in there but they would not sign it. I will take my expenses out of their damage deposit. What do you guys think? I don't want to move my things into a storage shed and then move them again. Thanks.
 
So, did they abandon these items? You do need to secure your property.
 
You need to contact an attorney. Although I agree that you need to secure your property, you may actually be violating the law by changing the locks. Protect yourself and seek legal help. Good luck.

Bryan
 
No law is broken, so long as the contract is and has been met, which in your case it has. Your not evecting them since your contract with them or rental agreement is met/finished/over with and now terminated. You change the locks, their time is up. If this where during the rental agreements alotted time, then that is one thing, but again once it has been met (12 months, 24 months etc), you can actually charge them. Take the charge you think is fair and file against their credit report, which they will have to pay eventualy if they ever want to actually own a home or rent a nice one again.
 
only 10 days....well, I know it sucks but I would say you have to take them to court....anything else and you will most likely be held liable for anything that happens to their property, you dont want that....
 
Here in VA you have to serve them an eviction notice that gives them 30 days to vacate the property, then the sherrif serves them another notice that gives them another 5 days.....THEN their property can be removed. If you put their stuff on the curb, you may be liable for damages.

Have you contacted them to see what's up? Communication baby, it's the secret to a wonderful relationship.......communicate with them, then a lawyer.
 
Here in VA you have to serve them an eviction notice that gives them 30 days to vacate the property, then the sherrif serves them another notice that gives them another 5 days.....THEN their property can be removed. If you put their stuff on the curb, you may be liable for damages.

Have you contacted them to see what's up? Communication baby, it's the secret to a wonderful relationship.......communicate with them, then a lawyer.

We were communicating yesterday while my friend and I were patching the concrete slab in the garage. The guy was moving out his boxes and he said he will try to be out tonight (Sunday). His lease ended Friday at 11:59 PM. I plan on going into the house today and seeing how much he has left. This tenant (and his wife) have been a pita the entire year. Late rent constantly, applying damage deposit to cover rent for December (although he made extra payments later on to replenish the damage dep.) and other things I won't go into here. Illinois has similar laws about eviction, like the 5 day notice, then schedule the court date (which could be 3-4 weeks out) etc. I will be calling my lawyer today even though it is Sunday as I have his cell # . Thanks for the advice everybody.
 
good luck .. I got out of "rentals" years ago.. They have all the "rights" and you as the owner have squat :mad: be careful !!
 
What Boxes ?

What boxes ? I didn't see any boxes. You sure you didn't take them with you?
 
If he has the keys to the garage, put his boxes in there and change the keys to the house. Since he's out of the house it's just his items which you need to give 30 days to collect.
 
What boxes ? I didn't see any boxes. You sure you didn't take them with you?
;)

If he has the keys to the garage, put his boxes in there and change the keys to the house. Since he's out of the house it's just his items which you need to give 30 days to collect.

Good advice. It is a 3 car garage (which is why I want to move back there). I can put his stuff in there and block it in with my cars, just to aggravate him a little bit. I just called my lawyer and left a message to return the call. I'll let you guys know what he says.
 
Just put his stuff in the garage and be done with him. If there are any actual costs incurred by you for the extra 2 days, then pass those on to him, if not, just let it go. The stress on you isn't really worth it, is it?

My mother passed away many years ago and had some rental property that I had to manage and the tenants decided that they didn't have to pay since she had passed away and gave me BS answers about they already spent the money. They got paid on Thursday night, I showed up there 4:30am, all 6'6" 280# and pissed off. I asked for the money, he said he didn't have much and I asked to see his wallet. I let him have $7 a day for his expenses and he "gave" me the rest. Needless to say I didn't have any more payment issues !!!
 
Just put his stuff in the garage and be done with him. If there are any actual costs incurred by you for the extra 2 days, then pass those on to him, if not, just let it go. The stress on you isn't really worth it, is it?

My mother passed away many years ago and had some rental property that I had to manage and the tenants decided that they didn't have to pay since she had passed away and gave me BS answers about they already spent the money. They got paid on Thursday night, I showed up there 4:30am, all 6'6" 280# and pissed off. I asked for the money, he said he didn't have much and I asked to see his wallet. I let him have $7 a day for his expenses and he "gave" me the rest. Needless to say I didn't have any more payment issues !!!
Wish I were 6'6" 280!:eek: I went over there, knocked on door, rang bell, no answer. So I let myself in, and the biatch was there. She said to get out and I said she no longer has any rights to the house and I will be changing the locks. She said go ahead. She also said she will be out tonight as her husband had explained to me. Well I returned home and figured I can't do anything legal against them until my lawyer calls back. Then the husband came to my house and shook my hand and explained that he was trying to keep me apart from his wife because he knew what would happen. He said he took off from work today (he manages a restaurant) to pack and he assured me they will be out tonight. He said I can move things into the garage if I want (even though I didn't need his permission) but basically he assured me that nobody will mess with my stuff. On a side note, I cleaned the koi out of my pond and got $71 for four of them from the petshop!:D The others were regular gold fish so I told them they could have them for free. I've had fish since I was 13 (I'm now 50) so this is kind of a sad time for me. Anyone want to buy a 180 or a 90 gal. fish tank? I'm just trying to simplify my life- when my dog dies, that's it for dogs too.
 
Pretty good news. They moved out Sunday night (2AM Monday per the neighbor) and they left the house real clean. One cracked window and a blue stain the size of 2 quarters on the new carpet in the bedroom. Lawyer said I can charge them double the daily rate for the two extra days they were there, so that is $60/day. Not sure where the window A/C unit went. Still have $850 damage deposit.
 
You got out of it pretty cheap I think. Deduct the damage and be done with them. I wish I had a 3 car garage.:wink:
 
You got out of it pretty cheap I think. Deduct the damage and be done with them. I wish I had a 3 car garage.:wink:


Agreed.

GNRick
I take it you haven't had many rentals.............:biggrin:
 
Rick, I wish I were still 280#.......every Winter the closet shrinks my clothes now that I am older !!! :-)
 
Rick, you came out very well considering you still have the deposit.
Glad to hear.

Bryan
 
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