We know we had the lockout last week, and she could not take much with her. We are required by the court to wait 15 days before we can dispose of her belongings. I sent a letter to her caseworker with APS to let her know that she needs to remove her stuff by the 19th (which is 15 days after the lockout); or we will dispose of it. This notice did address the fact that we could only allow her access to the unit to remove belongings for 1-2 hours per day BY APPOINTMENT ONLY, and it was recommended that she get assistance. This letter was sent on the 10th, although she asked several times (not once allowing me to answer) about how she can get her stuff while the Sheriff, the APS worker, and myself were waiting for her to get dressed and collect as much of her stuff as possible. I think the value of the items could exceed $300. We DO have a hauler in place and ready to schedule in order to resolve some other units where the contents were abandoned; and they know that this unit may be included. They are giving us a better price for doing all FOUR units the same day and we want to schedule this for sometime the week of the 24th, to be followed by a SPECIALLY scheduled pest control treatment.
In each of these cases, the items that can be reused here on site (mostly canned goods and household items in good condition) will be redistributed to residents here. Otherwise, these items will be headed to the landfill.
If she fails to respond in time, does this meet our burden to dispose of these items as we see fit, believing that this falls under abandonment?
Sounds to me like you are following the orders of the court to wait the the 15 days. You didn't state whether you sent the letter certified? I would have...just to cover my butt. Its all on her now to get help to remove what she wants or needs. Just document all of your conversations with her and keep in her file. I would attempt one more time to make contact with the caseworker. From that conversation I would proceed with what benefits your community. These are always sad but we are in a profession that makes these demands on us. Keep your chin up!
Her last words to me were: " I Hope you burn in *()*&)(&* for what you are doing. " She said that twice between the time the sherrif knocked on her door and she saw me; and the time she walked out the front door. I seriously asked my maintenance guy to check my mouth for blood; I was biting my tongue to NOT respond.
There have been NO conversations since between myself and the former resident. I do not even have a forwarding address for her. I will ask the case worker if she has one so I can send a registered letter to her.
I had one woman tell me as we did her set out, "I hope your husband leaves you so you can know what it feels like to be a single mom" and another tell her kids in front of me as I was dropping trash bags full of bath towels from the balcony to the ground, "stay away from her or she will throw you over the balcony, too"
Wow, I feel for you guys! I haven't had a hoarder, thank goodness! I did have my second suicide a few weeks ago. This incident didn't occur at my property, he went to his GFs.
The law in Oregon requires us to sell the items and apply the funds to the balance, not taking into consideration whether or not we have time to do so. But the value has to be over $500. Hopefully the hoarders caseworker will help out or at least have some suggestions.
I suggest you consult with your attorney. They will be able to tell you what the law is reagrding her belongings. You may not have the luxury to try to sell her items (and frankly you proabbly won't make much off of them) but if she owes money and you don't attempt to sell her stuff to collect at least part of it that may be an issue legally in your collection attempts later.
I would absolutely check with your legal counsel! It sounds like you could cause yourself more headaches with the liability of selling items that could possibly be infested. If I were in your shoes (with the ok from the property attorney), I would absolutely dispose of EVERYTHING as to eliminate you exposing others to the potential of the transference of bed bugs. I understand you wanting to pass along the canned goods, however, why open yourself up to being the middle man and possibly distributing ANYTHING to another that was in that unit. I am quite shocked by your situation and the fact that the court system didn’t spell out for the resident exactly how and when she could gather her belongings. I am in Iowa and very lucky that our eviction process is very swift and concise in its rules so there is no confusion. I feel for you Johnny!