Abandoned Property : ezLandlordForms

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Erica M

started a topic over 15 years ago

Does anyone know if there is a law in WV for Abandoned Property by a tent? My tent who has not been in the home staying over a month, but was coming by every week to check on the place, But Now has even stop coming by, it has been 8-days since they have been by , not to mention they have had NO electricity in my rental for 2-months, and No rent paid.... I want them out! Is that enough to take my property back.

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Justin R

said about 10 years ago

Just about in every state if the property is abandoned take record and photos of it. You must hold on to the personal belonging for 30 days and send a notice to the tents if you have a forwarding address. You may also start the eviction process, if they did abandon the place post this to the property itself, store the personal belongings and begin to ready the house for the next tenants. If you are going to try to get the unpaid money from the tenant , either hold the security or make sure that the eviction is filed with the court so that you can use appropriate channels of debt collecting. If the property is deemed abandoned you may change the locks immediately, but if there is not enough proof do not.

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Jahfwkwi J

said over 5 years ago

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Jahfwkwi J

said over 5 years ago

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Scott H

said over 5 years ago

Tell her she has 30 days to move the mobile homes if not moved you will be charging her $1000 a month per home for lot rent.

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Bill F

said about 9 years ago

That's a nightmare! Give the proper notice, if you have their known address send them an property abandonment notice and post it on the property. Than you should collect that security deposit and file claim with small claims court to collect the rest that is owed! I always screen tenants so that I know they pay! That's horrible! Good luck!!

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Youliang H

said over 9 years ago

Bad tenant! Yes, file the eviction with the court and wait for clerk default.

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Youliang H

said over 9 years ago

Bad tenant! Yes, file the eviction with the court and wait for clerk default.

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Youliang H

said over 9 years ago

Bad tenant! Yes, file the eviction with the court and wait for clerk default.

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Susan P

said over 9 years ago

The best way to do this is to file an eviction with the court. It should be short and sweet if they are not even there. Once that is done she would need to post notice that they have 30 days to claim property and then you usually can do what you need to. For the cost you will send to remove it you can go after them in small claims court. Or may be able to actually seel it as is and make a profit.

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Justin R

said over 10 years ago

If the eviction is filed with the court and the time to move out is over you may need to put the belonging in storage then file the cost of storage with the courts so that they are held responsible. You may also need to change the locks, since the eviction is filed and the time is over you can change the locks legally. Check for all of the details with the court that you filed with.

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Renee R

said almost 14 years ago

File for eviction, and get a judgment against them for the back rent. At the court date, ask the judge when you can remove their belongings if you think they skipped out on the property.

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Rita M

said almost 14 years ago

We were not going to shut off utilities. I turned them on on Dec. 1 when she agreed to the terms of staying there one night per week, clean and pack belongings. The power had been shut off for 6 weeks before I paid deposit and reconnect fees. The only thing she has done is remove the cat from residence, leaving behind it's poop in the floor. She had never rented the house, only her parents, which would never pay the rent. The father moved out on Nov. 30, but left some of his property there. Told me in Oct. when I tried to get rent that he would be out, his choice, by Nov. 30 and whatever he didn't take that I could carry it to the road. He then told daughter when she came by that she needed to find somewhere to take her stuff, because they were out of there by Nov. 30. She did go up 6 days later after we told her to get out and removed tv and put a few things in a box. She was supposed to be getting a storage unit and putting her stuff there since she lives with boyfriend.

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Denise S

said almost 14 years ago

This is a complicated issue and probably getting an attorneys advice would end up saving you time and money. Tennessee law states: 29-15-103. Parties defendant. (a) The action is brought against the actual occupant, if any, and, if no such occupant, then against any person claiming an interest therein, or exercising acts of ownership at the commencement of the suit. (b) When the suit is against a tenant by a party claiming adversely to the title of his landlord, the landlord may appear and be made a defendant with, or in the place of, the tenant. Since this person has an interest in the property, I would assume by the contract you have signed witih her with the arrangement you have agreed upon, then you would probaby want to go through normal eviction procedures, to regain possession back. the complication is this: Did the original Tenant agree to the agreement you have created between you and his daughter? Did you formally evict him? Did he hand over his keys relinquishing his right? Did he really abandon the property? These are all questions that need to be assessed before moving forward. But before you shut off any utilties OR lock her out.

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Ralph F

said about 14 years ago

I would simply call them and tell them they are no longer tenants, and you've allowed their abandoned belongings to remain in the property as a courtesy, but you're about to sign a new lease agreement and their belongings need to be removed by X date or else you will have it hauled to the dump and get a judgment against them for the cost.