Landlords Prepare for Court Proceedings, Cleanouts
An estimated 40 Million Americans nationwide are avoiding homelessness right now under the current eviction ban. When tenants are evicted from their homes, it can be devastating to their family and financially a hardship for the landlord… And a complex legal process, depending on your location.
After the extended eviction ban due to COVID-19 lifts at the end of December, a new wave of evictions are impending if additional legislation is not enacted.
While such an unfathomable number of eviction cases may back up courts like the one in Dallas, Texas, for quite a while, they will eventually lead to a large number of empty rental homes, likely filled or partially filled with personal property.
What’s a landlord to do with an evicted tenant’s personal property left inside the home?
First, consult your lease agreement. Did you include an Abandoned Property clause? If not, this is a learning opportunity to seek qualified legal advice about including such language in future agreements.
If no agreement exists, your refer to your state’s laws for a set standard regarding the time you must store an evicted tenant’s property. Your attorney will advise you on the required Write of Possession and how to proceed correctly.
Once you’ve gotten court authorization to take possession of the personal property, the tedious job of combing through the property begins: what to sell to recoup lost rental income, what to donate to a charity for tax-deductible* charitable contribution, and what to throw away...in an Advantage Waste Disposal dumpster, of course.
* Consult with your tax advisor.
Advantage Waste Disposal