If my ex-husband won’t remove his stuff from the house that I am leasing, can I throw it out?

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If my ex-husband won’t remove his stuff from the house that I am leasing, can I throw it out?

He is not on the lease and has never lived here (we were divorced before I moved in). I let him store some things in the basement of a house that I am leasing after he lost his job and apartment. It’s been several months now and I want him to remove his stuff but he wonn’t do it, even after I’ve asked him several times. He has not paid me for storing the items and has threatened to call the police if I throw out/sell his stuff. Is it against the law to throw it out?

Asked on March 10, 2012 under Real Estate Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well, its not the best idea. It could be seen as destruction of property.  He is a "tenant" of sorst in that he stores property on the premises with your permission.  You may need to "evict" him and then have the proeprty declared abandoned, value it and then notify him of your intent to dispose or sell.  A pain it is but worth not being sued.  Good luck. 


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