So I have a unit that was scheduled to move out This month on the 10th. I did not receive a rent payment from this month, and they have not turned in keys. But they left all the stuff in their apartment. I was always told if there is a bed and a sofa in the apartment you cannot trash it out. What do I do since they are not responding back to me? Do I just let the eviction go through?
Nothing, if the electric gets cut off we do abandonment but otherwise we go to court or keep trying to reach resident and convince them to give us possession
In my state you move forward with eviction unless they send you something in writing stating that they are releasing the apartment back to the site as of whatever date.
Unless there is something in writing that they're done and gone we go fwd with eviction if there are the usual minimal parts that someone would need to live there, i.e. bed, clothes, food, toothbrush etc.
Above anything - You need to check with your local attorney and proceed with their directive. Some of these answers are ridiculous! Every state, county, jurisdiction is different so to be safe, I would consult your local attorney that you use.
I was going to say the same thing! I heard of a property that threw away papers that were left in an outside storage closet after a “skip” that claimed they were proprietary documents and got money from the property for disposing of them. It’s always best to check with your attorney!
3 years 7 months ago#47906by Brenda Brantley Walters
Either go through with the eviction (a legal process) or check with your attorney and follow their advice. Jurisdictions vary and if it becomes an issue you won't be able to ask the person who's advice you followed to stand in for you in court if you're sued for wrongful eviction.
Seems electric is still on.
Have you tried reaching out to the emergency contact?
Is it possible this person could be sick or in the hospital? Maybe there is more to the situation then just a “skip”. Most people won’t leave their clothes... or even computer equipment. Have you tried reaching out to his/her employer?
Always check for a toothbrush and personal items used daily. If gone, post notice and file eviction. With TVs and computers the value is there and you want to note that
3 years 7 months ago#47909by Theresa Johnson Platz
Check Covid guidelines, they are not allowing evictions for non payment of rent, I would call to see if the utilities are still on in thier name or if there is an order to shut off. If no utilities in thier name or a schedule to shut off you can consider abandonment. But take lots of pictures of items and trash left behind for your records/protection. I would also check with an attorney on your legal rights also!
3 years 7 months ago#47910by Teresa Nichols-Collins Parker
I would suggest you call their emergency contact and find out if they might be in the hospital and whatnot. Either way you should store all their personal belongings. Take pictures of everything left in the apartment before you start throwing out any food or trash. Make sure you make a list of what is being stored. Depending on the state you're in, you might need to store those personal belongings for 30-90 days. I've worked in 11 states and all states vary on that.
Check the fridge, I always look for expiration dates. That says something about the timeframe when they abandoned the unit. Look for personal things like clothing and toothbrushes also.
I would post an abandonment inside the apartment, wait the 3 days and if nobody reach out to you, then after 3 days change locks, you may want to save valuables like the computer for 30 days?
Did they turn off their utilities? You can post an abandonment notice with whatever the timeline for your state is. If they don't contact you, then you can remove and store their items (again) with your state timeline guides.
Very thin line to what should be considered a skip. I would definitely share this with your legal team and let them advise you on your next step. I would be cautious.
It doesn’t look like they are done getting items out.
I would post an abandonment notice on the door, and if they do not respond within 24 hours change the locks and trash out.
The safest route is to contact your attorney. You could always issue the notice of non payment of rent (3 day) to start the process. As much as you hate to do it you may have to file the eviction, receive judgment and complete the set out to reduce your liability with the belongings in the apartment. During this time contact employer, emergency contact and most important, document every move you make with this.
So definitely only touch it if you want to be liable.
I think classified possession varies by state but, you can’t assume vacancy. Definitely get in touch with them and get it in writing that they vacated on X date prior to touching anything.
If utilities are disconnected for non payment or service is taken out of their name it’s a sign of abandonment. However, if the eviction court date is in the near future, it is better to be safe than sorry!
I feel if they gave you notice to move out, but all their belongings are still there, then something may have happened. People work hard for their belongings(or most do anyway) they aren’t just gonna leave them, especially someone who gave you notice. I wouldn’t be so quick to consider it abandonment!
I would just to play it safe. Not worth trashing it out and having them come back to accuse you of disposing of or stealing a ‘precious family heirloom’ worth thousands of dollars.
If you do the abandonment notice be sure to store all there things for 30 days, also be sure to take inventory via pictures, site audit pro is a good way to do an inventory picture report and no I don’t work for site audit pro LOL
Final email of abandonment. Abandonment notice posted to the door. After required timeframe, FaceTime with the attorney and show them the apartment. They will let you know whether to change locks and proceed to trash it out.
The procedure you should follow depends on what state you are in. Each state could be different. For example, some states you’d post abandonment as some people have mentioned, however some states require you to store belongings for 30-days. You should consult with your local attorney just to be safe.