When can a landlord consider the rental abandoned and dispose of a tenant’s things?
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When can a landlord consider the rental abandoned and dispose of a tenant’s things?
We have a rental house and tenant has not paid rent in months. We have given him a 30 day notice and a 3 day notice to move. The gas is off and power. Not sure he is even living there. How long before we can go in and remove his things?
Asked on February 19, 2012 under Real Estate Law, Idaho
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are unsure if the tenant is still in the rental, I would call the tenant and advise him or her that you are having an inspection of the unit in 24 hours and state a time for it. Have another person show up with you with a camera to document the inspection.
If it appears that the tenant has vacated the unit, I would write him or her at the other address you have and begin getting the unit ready for rental stating that the tenancy has been abandoned and the need to pick up any belongings in 20 days. If the belongings are not picked up in the 20 day period, you can dispose of them any way you want if they are worth less than $300 total.
If the items are worth more than $300, place them in an offsite rental in the tenant's name and send a copy of the lease to him or her advising of the need to pay the offsite storage rent. If not paid, then the items will be auctioned off to pay rent due.
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