Move-in Mess - Landlord Forum thread 347717

Move-in Mess by Anonymous on August 30, 2016 @11:11

Very nice new tenant moves into home (shared proptery), 4 days later empty boxes are left all over the property and out onto the street swale. Lawn service calls to report, also noting City code enforcement was on the street. I ask lawn service to break down the boxes and depose of them in the recycle containers provided tenants. I prepare an email and left tenant a phone message for the tenant to please not leave things on the curb and to please refer to her garbage information sheet in her move in package for schedule dates, etc. I asked her to pay lawn service directly for cleanup her boxes left on the street. It was A LOT! A few days later I had to come by the property to do something outside and found tons of boxes (50+ OPEN, all kinds of personal items from lamps, clothes, bikes, etc. and at least 20+ empty boxes) scattered from the front door, back door, carport & driveway. All exposed to weather outside. PLUS the tenant tells me she will be leaving for week to tend to her ill father. I'm trying to be sympathetic and understanding that she has unloaded a storage unit at her new home and doesn't have room for everything kshee tells me much of it will have to be donated) and now has to leave town. I tell her the stuff can't be left outside and make arrangements for her to work with the lawn service who has offered to take water she needs to the Salvation Army around the corner and will clean up the empty boxes. LONG story short. She does nothing and leaves town. Now we're under the threat of a hurricane. Packing stuff from her boxes is blowing everywhere. So I contact her via email to see what she wants to do, since everthing will have to be moved. We'll I work directly with lawn service this time and fill up 6 garbage carts (using neighbors), two trips to the Salvation Army with a full Grand Caravan and we have only made a dent. Danger passes, so now I'm no longer worried about the rest of the stuff. Maybe down to 30 open boxes & stuff. At least the front door is now clear and the rest of the stuff is under cover if the carport, but the kitchen door to the carport is still blocked. While the tenant was away, she asked me to help her with the cable hookup and check on a problem outlet in the bathroom. When I walked in, I could barely move navigating though all the boxes. Even stuff piled up on the cooktop. I took care of what she asked me to do so I sent her an update and also requested again that she take care of everything outside and make sure there was a clear path to all doors and nothing stored on top the stovetop. She responded that I was not nice. That I can live with, but what are my rights as a landlord regarding this move in mess?

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Re: Move-in Mess by Anonymous on August 30, 2016 @11:20	[ Reply ]

you will get a better response if you use a name and include your state. that way no one will take this wall of words for a troll post.

Re: Move-in Mess

Re: Move-in Mess by lamac66 (GA) on August 30, 2016 @11:40	[ Reply ]

What does your lease says in regard to house rules regarding upkeep of exterior. Sounds like she has got you working for her.

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Re: Move-in Mess by J (FL) on August 30, 2016 @12:11	[ Reply ]

Did you do any screening on this person before renting to her? She sounds irresponsible and has no common sense. Who leaves belongings outside here at this time of year when it can start raining at any time.

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Re: Move-in Mess by MrDan (GA) on August 31, 2016 @16:20	[ Reply ]

As a Florida landlord, you have several potential mistakes that have occurred. You removed and discard tenants property without written consent, cataloging the items or taking pictures in case of future disputes. Without written authorization, the landlord could be charged with theft and conversion of the tenants property along with trespassing. As to the boxes and items, the proper procedure laid out by Florida law is to issue the tenant a 'Seven day notice with opportunity to cure'. Without that notice being issued, the landlord cannot take any future action against the tenant. As to the house being packed to the ceiling, the landlord has to determine if it is just clutter or meets the states requirement for 'clean and sanitary' in order to issue a 'Seven day notice with opportunity to cure'. The issue of threatening weather would be address through your lease clause on 'STORM PREPARATION' or an addendum that addresses the tenants responsibility in perpetration of storms. There is no such thing as giving "24 hour notice that you are doing a safety inspection". Florida Statutes 83.53 provides that the landlord may enter the rental "with the consent of the tenant"� for the purposes "to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors." FS 83.53 provides that the landlord may enter the rental "upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises."� Note that this is access for repair only. An unwarranted entry into a rental by the landlord or others by authorization of the landlord, can have serious repercussions. The landlord can find him/herself being interviewed by the police based on the resident's claim of trespass, theft or worse?

Re: Move-in Mess