What are the legal proceedings if a roommate who is not and was not on the lease, leaves their belongings behind and does not pick them up?

My roommate was supposed to leave a the end of last month. He has not paid rent for this month and claims that he has no money to pay for gas to come back and move the items or pay for someone else to move them. He left a substantial amount of belongings–so many that there was no room for the new renter to move his own belongings in. Should I send him a notice that we will throw away the property in 30 days? What can I legally do?

Asked on March 6, 2012 under Real Estate Law, Missouri

Answers:

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

Answered 8 years ago | Contributor

So I am guessing that you are on the lease and that you sublet the room?  He is a tenat.  You have admitted that in the way that you wrote the question: he has not paid rent.  Who is his landord is the question and if you violated the ease by sub leasing is another question.  In a andlord tenant situation you would have to file an eviction proceeding and give the order of eviction to the sheriff or marshall to clean out his stuff.  Otherwise, you could be sued for conversion should you touch it.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.