Question:

Can a landlord throw my stuff away while getting evicted?

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this is a crazy situation but, i'm going to be out of town for a week and my belongings are in my apartment and im about to get evicted. can the they throw away my stuff... i have a tv computer bed couches and clothes and other valuebles.

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3 ANSWERS


  1. They will put your stuff out on the curb and whoever gets to it first, gets to keep it! Sounds like you may be out of luck! They usually leave it there for 72 hours before throwing it away but theres no way to keep people from taking it.  


  2. Here is the law.

    I am a 25 year landlord and owner.

    After lock out.

    You have 1 shot within 21 days to get your stuff.

    Cannot be held for back rent.

    Can be held for storage fees.

    Can be put in storage and you pay the cost.

    #1 If no contact from you.

    I send a certified letter to last known address stating date I will dispose of your property.

    If no contact after 15 days, another letter.

    After 21 days you have lost your stuff.

    Your last known address would be your ex apartment, but it is NOT up to me to find you.

    WRIT OF RESTITUTION (CONSTABLE

    LOCKOUT)

    1.  Inventory and store for twenty-one (21) days after lockout.  Send inventory and Notice to last known address and to any alternate address, certified mail, return receipt requested.

    2.  Tenant allowed one (1) entry during twenty-one (21) day period to remove personal effects ( medicine, tools, necessary papers and clothes, etc.).  Otherwise to reclaim property, tenant must pay reasonable costs of storage, moving and inventory.

    Tenant does not reclaim property, sell/dispose after twenty-one (21) days.   If Tenant contacts Landlord before items disposed of, add an additional five (5) days time.  Tenant allowed one (1) entry to remove personal effects (as listed above).  If tenant does not pay storage costs for rest of property, then landlord sells at public sale, retains proceeds to apply to outstanding rent or other costs covered in the lease or allowed by Landlord/Tenant Act incurred by landlord.  Excess proceeds to be mailed to tenants= last known address.

    For twelve (12) months, keep records and hold excess proceeds if undeliverable

    As a Landlord I do not want your stuff and it is a real pain to deal with.

    To protect both parties I go above the law to insure an honest record is made of items left in the unit. I have learned that people who do not pay their rent are rich in gold!

    I hire a third party company to list your belongs and property. Pictures are taken. They pack it up and place it in their storage.

    It is much easier for all if you remove your stuff.

    This could end up costing you more then your trip.

    Good-luck!

  3. They can not do that.  Unless they can prove that the total value of the items is less than the cost of a storage unit.  But if you leave and they put it in storage ,  you have to pay the storage and they might pick a place for $300 a month.  Find a friend to store it. I'm in Mesa. How far away are you. /

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