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Should I ban a previous tenant from getting her belongings?

Asked by jinak88 about 1 year ago, 7 answers.
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My previous tenant left her belongings in the shed in the backyard on my property and for some reason, the new tenant that's supposed to be moving in said it was fine to leave her things there. I'm not quite sure what to do because she (the previous tenant) has damaged the property, and I billed her the damage costs, but I'm not sure what to do with her belongings. She has moved to a different state now, and I'm wondering if I should put a restraining order against her so she would not be able to return to the property to retreive her things whenever she wishes. Any suggestions?

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Aum Answered by freud99 on Jul 16, 2007, 10:56PM
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I'd say your best bet is to call your local police department or sheriff's office and get some advice from them. Each state varies a great deal with laws so I can't say anything for sure. I'd start by sending a certified letter to her new address informing her of this information (after you get some advice from law enforcement). If everything else fails try getting an attorney, if you don't already have one, and ask for advice. For the most part you'll be able to accomplish most things by yourself even if you go to small claims court (which you may eventually have to do because of the damages that were left). Even though it may seem unfair (again, I'm not sure) most states/locations won't allow you to withhold belongings from someone even if they still owe you money so just be careful on that end. Hopefully you'll get things situated.. I know it can be frustrating but best of luck to you!! -S

Brandy Answered by twebber on Jul 30, 2007, 09:58PM
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Hi, Legally those belongings are no longer hers. If you are unsure of the tenant landlord rights the are online just GOOGLE it. It is on the NJ STATE site. If you want to go by the book there it is keep them and sell them for what she owes you. Otherwise it is as you know completely up to you. Tammy

Thunder Robot Answered by funadvice on Aug 02, 2007, 11:19PM
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Listen, once a person moves out... It's always right to throw it out or sell it(hehe, to make profit) jk lol. Anyways, I mean what's the point of keeping it there if she's gone? I mean it's her fault that she left them there. I mean if they meant a lot to her I don't think she would leave them there. It's all common that if she left them there ... it would be thrown away by you or the next person that lives in her previous apartment/unit

Thunder Robot Answered by funadvice on Aug 07, 2007, 01:51AM
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Charge her storagefind out what the maximun legal amout you can charge and charge it. . . . it should stand up in court

hh Answered by oneheartnow on Aug 17, 2007, 11:12PM
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Legally the property belongs to you. If you don't want to sell it, give it to Goodwill or the Salvation Army.

Knot Answered by dolce84 on Sep 12, 2007, 09:39PM
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I think the laws would differ from state to state. Legally she may be entitled to her belongings even if she owes you for damages. Are you trying to use her belongings as collateral? If so, it would be wiser to file a suit against her for the damages.

My Little Cthulhu Answered by rewolf71 on Nov 29, 2007, 10:12AM
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legally you are responsible to hold her belongings for a period of time and charge her for the storage of them. If after that time (it varies by state) she does not claim them I would suggest a yard sale and recover some of your losses.

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