Tenant moved out owing me money Left some things !!!?

Question

wHAT ARE MY RIGHTS IF Someone whowas living in my home moved out owing me money and left some clothers and furniture

Answer 1

Don't give them back until he pays you!

Answer 2

I would say if she's such a loser, give her the rest of her stuff, forget about the money, and use it as a lesson learned. At least she's out of your hair.

Answer 3

call county atty; state specific, but there is a procedure for you to claim abandoned property for sale for unpaid services

Answer 4

You can't get rid of their stuff UNLESS they abandon it, and you can't just keep their stuff if you owe them money, technically it's not legal to hold items for money, at least in most states.

I would call this person a few times- nicely remind them that they left their stuff and they owe you money, IF they ignore you, just take them to small claims court. I would say to put all their stuff in some of those large black trash bags, and then call them once a week, tell them to come get it or you will throw it out, leave messages but NO cursing that will make you look bad if you go to court.

Then if 2 months pass and they don't come- chuck it (or sell it) and then take them to small claims court for what they owe- if they damaged stuff, take photos and get it fixed and keep the receipts, good luck.

Answer 5

Each state is different, so check with yours to find out wht you can do legally.  In Missouri, if a tenant leaves items behind, we can move the items out to the curb.  After 24 hrs on the curb, it is deemed abandonment and we can either trash it or try to sell it to help offset the debt.  If they still owe money after you've used all their deposit, consider turning them over to a collection agency.  Depending on your lease and the state you are in, you can request collection for all money still owed, damages, disposal costs of items left, and the collection fees.  Most collection agecies only charge a percentage of wht they can recover, so you have nothing to lose.

Good Luck!

Answer 6

This depends on the state you are in, but in Wisconsin you cannot keep the items left behind.  You have to notify them and allow them to get it and if they do not you can sell the items but you have to provide them the money for it.

Answer 7

Depending on the state you live in you must hold the items for so many days and then you can either sell them or throw them away.  Of course, you always have legal recourse to sue for the amount of back rent.

Answer 8

Did SHE sign a lease or rental agreement?  This sounds like your son was playing house- and his live in playmate played with somebody else.  So, you want some drama- and want to punish her by keeping her clothes and furniture.  You obviously are mad at her.  Why?  She was, and is, an unmarried woman.  You didn't refer to her as wife or fiance- but imply that she was unfaithful.  soooo, your son CHOSE to just live with her- didn't bother with marriage.  And then, she had the nerve to behave like she was a single woman.  You are seeking to punish her.  Grow up.  This isn't about money- it's about you and sonny having a snit cuz she left him.  Spend your energy getting sonny out of your house before he brings home his next great passion.  EDIT  EDIT  EDIT   Wow.  Dolt.  Well, I DID scold you.  I note you updated- but still don't mention rental agreement.  How is describing this as your snit over sonny losing his playmate inaccurate???  As far as her evil or goodness- sonny picked her- and you let her move in.  Into YOUR house.  Sonny is mature enough to be in a mature relationship- but not yet able to lhave his own place to live???  So, Daddy is paying sonny's way.  Exactly how was the rent divided before Miss Evil moved in?  Pal, you ARE being silly.  Worry about getting your son to act like an adult, and don't worry about Ms Lousy Broad.

Answer 9

You can use it as collateral. Keep it until he pays you back..I see it all the time on the People's Court. Go Judge Milian lol .

If you do take it to court you will be required to return it  upon receipt of any moneys owed to you.

Good Luck .

Answer 10

It is yours.

Answer 11

If you have a written rental agreement that both of your signed and dated, you can take him to small claims court.  If you have no written proof of what your renting arrangements were, you probably can't do anything to legally recover the money he owes you.  

I used to rent rooms in California for over 10 years.  What worked for me was to have the potential tenant sign a written agreement, prior to moving in,  about what they could and could not do in my home.  I also would ask for first and last months' rent to be paid prior to allowing him to move in, in case he decided to try and stiff me on the rent by moving out early.  I told him that the rent was due on the first of the month and that failure to pay on the first meant that he was moving out in 30 days, and that I would be using his last months' rent, as well as placing an ad in the paper for a new tenant.  All of this was in writing, as well as having it specified that I would be showing their room to perspective tenants.  It is the law to give 30 days' notice of intent to move.  It is also the law for a landlord to give 30 days' notice to a tenant, unless the tenant has done something to make him a danger to be in your home.  

In business you have to cover all your bases.  People have moved out of my house and left furniture and things behind.  Since paying the rent in the form of furniture or other items was not previously specified in the rental agreement, it won't be considered a legal reason for him to not pay you.  

There might be nothing you can do now, except use this incident as a learning experience to make you wiser in your future rental dealings.   Good luck.

Answer 12

Upto you.

Regards