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When a tenant is evicted and leaves personal property they have 30 days to claim the property Can a landlord then charge them for having to move and store the personal property before giving it bak?
Wiki User
∙ 15y ago
You have to do everything in writing. I would send a certified letter or if not put an ad in a newspaper basically saying: you have 30 days to remove your property from said premises, failure to do so will result in all of your belongings being sold or discarded. Why bother with paying storage. If they did not pay rent what makes you think they will reimburse you for storage fees? The law requires that you send a letter...one certified and on regular mail...to the tenant at the last known address...which we did. My question is, if the tenant then determines that they want to come get their stuff...can you make them pay the storage a removal fees first. NJ Law allows you to either remove the property and store it somewhere...or in our case (which is allowed) we simply stored it at the property while fixing it up and cleaning it and painting...awaiting a new tenant. Just wondering if we could charge them first, before she is allowed to take her stuff??? You are entitled to recover storage fees and incidental cost. You must figure out a reasonable charge for storage fees and incidental cost. The cost of storing it at your property cannot exceed what it would cost to store at a commercial storage facility. As for cost of moving furniture I would go online and get some estimates from a few moving companies and see what they would have charged to move the furniture. You are also entitled to hold the property until you receive payment of these fees. One more important detail since you live in New Jersey the law states that if you mailed the letter you have to give the person 33 days, 30 days plus 3 days for mailing. (My reply should not be interpreted as legal advise)
Wiki User
∙ 15y ago
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Can a tenant who is a nuisance or menace in the neighborhood be abated from the property without the landlord's consent through civil court?
No. Before any tenant is evicted from a property, the landlord must follow judicial proceedings.
How long does a tenant have to remove property after breaking lease in NJ?
In most states, when a tenant has been lawfully evicted, the landlord has the right to remove the personal belongings of the former tenant from the rental property. Each state, however, has laws regarding what the landlord must do with that property after removing it. Some states require the landlord to keep belongings in storage for 30 days prior to disposing it - in this case the landlord has the right to collect the storage fees from the tenant before releasing the belongings - while other states, such as Florida, permit the landlord to dispose of the belongings as the landlord sees fit. In South Carolina, the landlord has to remove all property and place it on the curbside, where the tenant has 48 hours to retrieve them or they will be disposed of.
What happens to personal property of an homeowner evicted in Indiana?
Below is a quote from INDIANA statutes:IC 32-31-4-2Liability; abandoned property; court order allowing removal by landlordSec. 2. (a) A landlord has no liability for loss or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant.(b) For purposes of this section, a tenant's personal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property.(c) An oral or a written rental agreement may not define abandonment differently than is provided in subsection (b).(d) If a landlord is awarded possession of a dwelling unit by a court under IC 32-30-2, the landlord may seek an order from the court allowing removal of a tenant's personal property.(e) If the tenant fails to remove the tenant's personal property before the date specified in the court's order issued under subsection (d), the landlord may remove the tenant's personal property in accordance with the order and deliver the personal property to a warehouseman under section 3 of this chapter or to a storage facility approved by the court.As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.2.See below link for full statute:
If the Landlord signs the lease with a tenant and finds out the tenant has been evicted 8 times?
This should have been disclosed when the landlord performed the background check, before the lease was signed. Well, if the landlord had an application for an apartment to which the tenant denied having been evicted if there were questions that asked such, then the landlord can terminate the lease for the tenant having falsified the information given.
What happens to personal property of an evicted tenant in New Jersey?
A tenant is "evicted" when the court issues a judgment for possession to the landlord. That judgment gives the tenant a date by which the move has to be made. If the tenant holds over in possession of the apartment despite the judgment of possession, the landlord gets a "warrant for removal", which is sent to a court constable. If the tenant has not vacated the premises, the warrant for removal permits the court officer to physically remove the tenant's belongings out of the apartment and leave them at the curb. It is extremely rare that such a thing ever happens though, because in virtually every eviction matter, the tenant moves out before the physical eviction has to take place.
Can landlord sell house that is being rented?
No. A lease is a legally binding contract that runs with a property, regardless of who owns the property. Unless there was a provision in the lease that specifically gave the landlord the right to break the lease upon sale of the property, you can compel the landlord and the new owner of the property to honor your lease. If you find that either the previous or new owner of the property is refusing to honor your lease, contact a landlord-tenant law attorney. A listing is available in your local phone book.
Is it illegal to change the locks of a rental property without notifying the tenant?
I can only answer for Massachusetts, but I think you can. The landlord has a right of entry, but he should get the permission of tenant, and the tenant has a right to be there at the time. If the landlord needs to get in during an emergency, perhaps he should be calling the police.
Does a landlord have to have your permission to get a credit report before renting to you?
Anyone who requests a credit report must get your prior permission. This includes a landlord. You must provide he information the landlord needs before they can legally get a credit report, but this is a requirement for a lot of landlords before they will rent you their property.
What to do when a landlord steals personal property when you are in between moving to one of his other properties?
You do what you would do when any theft occurs; you file a police report and have him charged with theft. Now because he is still your landlord, you might approach him and ask if you can have your property back before you involve law enforcement. Either way, you might want to consider finding a new residence.
Do we have to keep the landlord's existing items before we move in?
You may have to keep the landlord's items in your rental property. Information regarding this should be discussed in your rental agreement.
Can you still rent at a different complex if you have been evicted before?
Let's say you can try. There is nothing wrong with that. Whether or not you will be able to rent is totally up to the new landlord. The new tenant questionnaire may ask something like "have you ever been evicted ... ". If you have and answer it 'no', you face perjury charges later on. Be honest right up front with the new landlord ... maybe with a good explanation, they might rent to you.
Who pays when landlords boiler leaks and damages tenants carpets and property?
The landlord because it's his responsibility to fix it before the house and/or property is damaged.
