Re: former tenant refuses to remove belongings - Landlord Forum thread 330202

Re: former tenant refuses to remove belongings by Anonymous on January 21, 2015 @20:03

I beg to differ, but does the OP, Leila, actually have possession now? Did she get the keys and garage door opener back? Does Leila have it in writing that they have vacated the property as of x date? Maybe in CA you don't need to have such things, but I think a holdover eviction would be in order. I could be wrong.

[ Reply ] [ Return to forum ]

Re: former tenant refuses to remove belongings by Leila (California) on January 21, 2015 @23:59	[ Reply ]

Tenant has not returned the keys or the garage door opener or signed anything saying he has vacated the property. I can't say for sure that this stuff is officially abandoned. He is in no hurry to get the stuff out! He also turns his phone off so that calls go directly to voicemail then he doesn't return calls. I no longer trust this guy and hesitate to give him free access to the house but also don't want him to use that as an excuse not to remove his stuff. Is eviction the only way to take possession if the tenant refuses to leave. The worst part is he had been a great tenant up until now or so I thought. I gave him great references and he got a new place right away...now I feel sorry for the new landlord! Also during his tenancy he changed the locks without providing us a key, got rid of the refridge because it "broke" and he didn't want to bother me with it so he went out and bought a new one without giving us a chance to look at it or possibly have it repaired - same with the washer and dryer! So we provided him a home that included a washer, dryer and fridge so if he ever returns the house to us it will be without those 3 things!

Re: former tenant refuses to remove belongings by Anonymous on January 22, 2015 @10:28	[ Reply ]

Leila, hopefully a CA landlord will post to clarify the possession of the property. Do you have a document from the tenant where they put in writing they would be out by that certain date? In my state, Texas, I would not have possession unless the tenant returned the keys and the GDO, removed all their stuff, and put in writing that they had vacated the place. In my state a holdover eviction would be in order to gain possession. If he took YOUR fridge, washer and dryer without discussion or agreement beforehand, he owes you for those appliances. Deduct it from his security deposit. Just to be careful I would send him a security deposit reconciliation letter within 30 days, or whatever time frame CA requires from the date he stated he would be out. I would be tempted to go in and rekey the place but he could claim that he has not legally given you possession. I would ask my eviction attorney for advice on this. Good luck with this.

Re: former tenant refuses to remove belongings by Leila (California) on January 22, 2015 @16:06	[ Reply ]

Thank you! It looks like we will have to take a loss for the appliances unless he decides to man up and pay back rent because he has used up all of his security just on unpaid rent alone. Not to mention the appliances or the damage in the house (holes in walls etc.). We did actually have a locksmith in to change the locks because we have a legal right to access the house but he does have the garage door openers still to access the house...

Re: former tenant refuses to remove belongings

Re: former tenant refuses to remove belongings by Anonymous on January 22, 2015 @10:32	[ Reply ]

Leila, I forgot to mention one thing. Are the utilities still turned on and in his name? If the ordered the utilities turned off you could use that date as his vacate date, and further evidence that he has moved out.

Re: former tenant refuses to remove belongings by Leila (California) on January 22, 2015 @16:09	[ Reply ]

Oh thats interesting to know. We did find out that he had the gas turned off - strangely he did that on the day we gave him notice and he was still living there... but the electricity was still on.

Re: former tenant refuses to remove belongings by Anonymous on February 11, 2015 @21:42	[ Reply ]

Rent is due and payable through the date keys are returned. Period.