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How long does a landlord have to store a tenants property after an eviction in NY?
Wiki User
∙ 8y ago
In Florida the landlord doesn't have to store an evicted tenant's belongings. They can sell the belongings to recover rent and damage. In many other states, however, this is not true, but the landlord's obligations expire in 30 days. In South Carolina the items can simply be put out to the curb.
Wiki User
∙ 9y ago
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I was subletting a house and the renter left leaving furniture what can i do with it?
you must have the landlord amend or start a new contract with you on the (a) rental agreement with you as the remaining and continuing tenants. Then you need to have the landlord remove the abandoned property left by prior tenants and store it for a minimum of 30 days. Once this is done the landlord must give prior tenants legal notice of how and when to obtain there belongings.It must state the date it is to be picked up by with the deadline ending at midnight on the 30th day after posted or mailed date of notice. If the tentants do not show up to claim property or have not made arrainngments to retrieve the belongings the landlord can dispose of the property any way they see fit.
Can a commercial landlord in Louisiana seize the equipment and inventory of a retail store when an eviction notice is served if the tenant can't make a lease payment?
If the tenant did not vacate (self and property) within 24 hours of notice of judgment of eviction, then the property left behind can be seized. You can delay and fight eviction though, and the process itself takes some time. They have to give you a notice to vacate, and then an Rule for Possession, and then there is a court date, and then you can appeal, and if all that fails you have 24 hours to get out after the judgment.
Can the landlord hold property after eviction due to balance of rent due?
In most jurisdictions, yes. A landlord can hold personal effects and in many cases sell them to recoup money owed. When a landlord holds personal effects or sell them to recoup money owed, this is called 'conversion' and landlord is liable to the tenant for the 'reasonable value' of the property regardless of what they were sold for .... you got it, now the judge becomes the trier of fact on what was 'reasonable value.' The better practice is to store the property ... in California after 15 days... and let the tenant or prior owner pay the storage fee to regain possession of the personal effects.
Can you change the locks on a commercial and sell the remains property?
Depends on if the commercial lease is up and the tenants have "abandoned" their property under your local law. It's never wise for a landlord to change the locks on the property until the lease is completely over and the eviction proceedings have concluded.If you do so before the conclusion of the lease agreement, you've done a lock-out or constructive eviction. Which will be pretty costly for you. In terms of remaining property, you must make a reasonable effort to contact the tenant and give them reasonable time to remove the property. In most jurisdictions, the abandonment time is usually 28-31 days. After this alotment of time, you may dispose of sell of any remaining property and deduct this from the security deposit (minus any money made from selling the property).As an example, let's say the tenant placed a $1500 security deposit. They've abandoned property and you sold the property for $1800. You must return to the tenant, $300. If you had to store the property for 30 days and it cost you $300, you may keep any profits made from the sale of property, as you're only recovering your damages.
How much it will cost you to evict a tenant?
There are many factors to consider when calculating the cost of evicting a tenant. In landlord utopia (that is, where you have a tenant who works for the government and drives a Bentley with Gucci seats) the cost of the eviction is technically nothing--you would be awarded a judgment against the tenant for all your costs (if you win your case). The tenant would then have to pay you. Absent a utopian tenant, you will end up with a judgment that can't be collected for years (if ever).These are the costs of eviction* Preparation of eviction summons and complaint*Cost to attend court hearings or cost to hire attorney to represent you in court*Eviction lawsuit filing fee*Trial preparation (if the eviction is contested)*Sheriff's Fee (to evict the tenant)*Lost rent (while the eviction is pending)*Moving and Storage Fees (if the tenant does not object, you must store the tenant's property according to law)I have not put dollar amounts in because they vary from state to state. A landlord's group in your area can give you the specific dollar amounts for eviction in your state. Please see the Related Questions below for more information.
Can a Texas landlord store his vehicle on your property?
I am not a lawyer so this is simply an opinion. As a property owner and landlord I believe the storing of any personal property is permissable if stated so in the rental agreement. I currently include language in my agreements that speak to access and use of certain areas of the rented property (i.e. garage, storage shed, etc). These type of restrictions may limit your market but it is your property.
Can a landlord at your apartment complex store a giant storage trailer in your front yard if the yard is technically a common area and not part of your rented property?
Yes.
What rights does a tenant have when the landlord won't allow the tenant to come back after personal stuff?
The laws of every state differ with this issue: in some states, for example, the landlord can keep all property left behind. In others, the landlord must move everything to the street side on the property for the tenant to pick up. Yet in others, the landlord must store the property for at least thirty days to give the tenant a chance to pick up their property. Any expenses paid by the landlord must be repaid by the evicted tenant to get their property back.
Can landlord keep goods after moving out And can he charge for having to move or store even if it's in the rental unit the property?
It depends on what state the property is located in. I am a real estate professional in Nevada, and according to our state laws, a landlord must store left behind property for 30 days. If it in not claimed by the 30 day period, the landlord is free to do what he wants with it. Additionally, the landord cannot retain the renter's property against the renter's will. As your former landlord, I might file a lien on your property if it's left in the unit and you owe me back rent, or something of that nature. But if you abandoned your crap, I'm going to bill you, by the hour, for moving it, as well as any rental money I couldn't earn because you left your crap in the unit. Then, if I have to sue you to collect, these amounts (and any back rent) become actual damages. Add court costs, punitive damages and reasonable attorney fees to that judgment, where allowed by statute. And by the way, 30 days passed, so I sold your belongings to a crap dealer ;-) I hope I didn't arbitrarily lock you out of your home (without going through proper eviction proceedings) and hold your belongings for ransom, because I think that would cast a different light on tings.
Need business liability insurance for a leased space doing a dollar store what will this cover and recommend coverage for this type of business?
Commercial General Liability insurance protects you from a 3rd party bodily injury or property damage suit for which you are negligent. For instance, you own a dollar store and a customer enters your store trips over a loose rug and is injured. That customer has a right to sue you for his medical bills. Most tenants leasing space for retial stores will need a Business Owners Policy (BOP). This is a package policy for small businesses including General Liability Insurance and Property insurance for damage to your owned business property. The lease you sign with the landlord will detail the limits required and will ask that you name the landlord as "Additional Insured". Additional insured status protects your landlord under your insurance for suits brought against him for your use of his owned space. Consult an independent insurance agent for details about BOP policies offered in your state. William J Zester, Jr. Vice President MPPI, Inc. bzester@mppi.com
Who do you report your Landlord to for not having fire alarms installed in your apartment?
The local building inspector. But, you should go to a hardware store, buy smoke and carbon monoxide detectors, and install them. Then, deduct that cost from next month's rent, and send the receipts with the rent check. You'll be doing the landlord a favor. Last year, in Massachusetts, three landlords were indicted for manslaughter when some tenants died in their apartment, which had no smoke detectors.
Can your landlord store his personal belongings at your home?
Not unless one hasn't paid the rent due or is behind several months. The property is leased or rented - the landlord owns it - the owner can pretty much do what they want within the constraints of the law. If you have not paid rent, then the landlord does not need to provide access to the rental. There are limits to the amount of time they must allow you to have the contents returned, but the expectation is that it is days, not weeks or months. And, not at your convenience, but theirs. Check your local landlord tenant laws to see where you stand, and go from there.
