What are my rights to remove a tenant’s property afterthey havemoved out?

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What are my rights to remove a tenant’s property afterthey havemoved out?

My renter has not paid rent for 6 months. He and his family finally moved out last month without paying any back rent. My nephew (I live out of state) collected the keys to the house which was empty. However the tenant has the keys to the garage. He told me that he has cars, car parts and tools in there and would remove them. The yard also has a swing set a trampoline swimming pool and more car parts. I sent the former tenant a letter telling him he had until the end of this month to remove all his items or I would have them remove. Do I have the legal rights to do this?

Asked on January 21, 2012 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to inquire with your state's consumer protection agency on what forms and brochures it has regarding both tenant rights and landlord rights. In most states, this is not sufficient and you must provide legal notice (whcih is specifically set out in each state) about the timelines the tenant has, how long you have wherein you must keep the property safe and when you can consider the property abandoned and dispose of the property or consider it abandoned and sell it. Some states alloiw 30 days, some 45 days, and some even more. So check your state's lanldlord tenant laws.  


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