Friday, March 28, 2014

EVICTION AND THE DISPOSAL OF A RESIDENTS PROPERTY

It may appear that your resident has permanently surrendered possession of your rental unit…they have moved the majority of their belongings and returned the keys. If any personal belongings of sentimental or monetary value have been left behind you should use caution before cleaning out the unit for re-rental. The legal parameters regarding the disposal of personal property can often seem vague and confusing to property owners when applied to real world situations. Here are a few helpful points to bear in mind:

There are regulations in place to protect the rights of the resident (making a “lockout” illegal). The statutes allow for removal of property under certain, specific circumstances, however, the only way to guarantee that there can be no legal claims against you as the landlord is to go through the eviction process and have a writ of restitution executed by a sheriff.

To avoid having to go through the eviction process simply to remove any abandoned belongings, you may get the resident to sign a Waiver of Abandoned Property upon vacating. This document states that the resident has left the unit and is willing to waive all rights to any property left behind. With the signing of this type of document, you could cancel any pending eviction and have some security in reclaiming the rental property.

For more information and useful resources pertaining to rental property ownership, visit our website: www.erentalservicesinc.com