Posted by Jeffrey Short on April 17, 2000 at 12:07:59:
Doug,
Get a copy of your state’s Landlord/Tenant law. It will show you what you can (and can’t) do as a landlord.
Tenant nowhere to be found, what do I need to do legally to get his stuff out and someone else in? - Posted by Doug
Posted by Doug on April 17, 2000 at 11:51:33:
Hi,
I just bought an apartment building and one of the tenants hasn’t been seen or heard from in over a month. Previous landlord said she heard from someone in town that he had gone out of state and just decided to stay. He was only paid up thru March 15th so he’s over a month late on rent. Is there a certain time period I need to wait before I can clean out the apartment? Do I need to store his stuff in case he returns and demands it back? Thanks for all the help!
Doug
Re: Tenant nowhere to be found, what do I need to do legally to get his stuff out and someone else in? - Posted by Bert G
Posted by Bert G on April 17, 2000 at 13:00:21:
According to “Every Landlord’s Legal Guide” from Nolo Press. (READ IT!)you’ll need to establish that the tenant has actually abandoned the premises. Each state has different rules on what constitutes ababndonment. Some clues are to see if utilites have been disconnected, cupboards & fridge empty or most food spoiled, no clothes in closets, etc.
One thing they suggest is to send a certified letter to the apartment address, return receipt. If the tenant has left a forwarding address, you’ll get the new address when the receipt comes back.
As far as the personal belongongs, you will probably have to store them for the length of time specified in your local and state laws, but should be able to deduct storage costs from the security deposit (which you should have gotten from previous landlord).
Besides, if he’s a month late on rent, you can start eviction proceedings (beginning with notice to pay or quit). I doubt he’ll show up to protest.
BG