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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33766
Experience:  Attorney for over 15 years, landlord 26 years
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As a landlord, how do I get a person with a life lease who's

Customer Question

as a landlord, how do I get a person with a life lease who's released her lease, to get her belongings out of the house?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Oregon
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: none specified. we have a notarized paper she has signed releasing her hold. she has been in Texas for 2 and a half years, abandoning her things
JA: Anything else you want the lawyer to know before I connect you?
Customer: We have purchased her farm and pay her yearly payments.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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If the person has transferred their life estate to you then if they are still in possession of the property by storing their personal property there, then they are legally a tenant and then you have a couple options....one completely safe but longer, and the other quicker but a little riskier.

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The safest one is to just post a written 30 day notice to terminate their tenancy (I realize that they are in TX and won't ever see it, legally that isn't relevant) and then you evict them formally through the courts to get a judgment of eviction and a writ of possession that the sheriff will execute and then deliver legal possession to you. You can then just dispose of any personal property that was left there.

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The other option is to send her a written notice certified and first class mail stating that you are terminating her "bailment" (which is when one party leaves personal property in the possession of someone else) and she has XX days to come get it or you will consider it abandoned and dispose of it. You decide what XX is, but it must be reasonable....maybe 10 days. Then if they don't come get their stuff, you can dispose of it however you want. If they then tried to sue you, you have proof via the certified mail receipt that you notified them and gave them an opportunity to reclaim the property before it was disposed of.

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thanks

Barrister

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