JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

7 Lawyers are Online Now
characters left:
Not a Legal Question?
Bookmark and Share

Question

I received a 30 day written notice to vacate from a tenant on August 6, 2008. I spoke to the tenant on August 10, asking her to vacate on August 24, 2008 and she agreed. For the next two weeks she would not return a phone call and was not living at the apartment. On August 23, 2008 she called and said she could not meet the deadline of the 24th and I extended it to the 27th, which she agreed . I told her to call on the 26th if she needed help moving. (Just wanted her out of the apartment - put up with noncompliances - she did not put utilities in her name, bounced a rent check, would not respond to attempts to reach her for these offenses.) On Aug. 28th I managed to reach her by phone at her place of employment and told her the vacate deadline had not been met and I will be forced to move her items to a storage facility. She responded OK. Can I charge her for moving her items? Can hold her items until I receive payment for moving, cleaning, and damage to the apt. that exceeds amt of SD

Submitted: 446 days and 1 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
+
Read More

Optional Information

Escanaba, Michigan

Already Tried:
I have tried calling the tenant many, many times to find out when exactly she will have her items out. I called her mother who's address was on the 30 days notice, with no response. I called her father, who came to see the apartment with her when she moved in, trying to get a forwarding address and new phone number to try to reach her. He refused to give me her new phone number, denying to know her whereabouts. I have sent a letter (to her mother's address) with a list of damages, cleaning expenses, & moving expenses telling the tenant she will have 15 days to pick up her items or it will be liquidated. Can I hold her items until I receive payment for these expenses or will I have to take her to court? Is a verbal agreement to move out at a certain date going to stand next to the written 30 day notice?

Posted by PaulMJD 446 days and 1 hours ago.

Answer

If you do not have a court order you should not be self evicting the tenant and you could be held liable for damages if you do so. You need to go through the proper eviction process and get an order of eviction from the court and if she refuses to comply, then you need a writ of possession to take your property back and have the sheriff come and move her out forcibly. You cannot just change the locks or move her out without court orders.

After you have the appropriate orders, then she would be liable for moving expenses if you have to move her things and any storage expenses. The SD cannot be held just for routine cleaning or normal wear and tear unless your lease specifies it can be.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

446 days ago.

Reply

I spoke to an attorney in my area who said we could move out her things. She hadn't been living there, was not responding to our phone calls and had to way to reach her. She had abandoned the apartment and didn't have the gas turned on.

Answer

If she abandoned the property, which I did not get from your first post, then you can clear out the apartment and sue her for any costs that exceed the SD as well as keeping the SD without any court eviction orders.

Picture
Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 9/3/2008

Attorney

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

+
Read More

Related Legal Questions

  • What happens when a wife dies in NC without a will? Does .....
  • I own my own place, If my boyfriend moves in and transfers ....
  • i live in ohio and was working four a contractor who ...
  • How do I appeal an outing order
  • What can be done if you know someone is trying to
  • what does it mean to get charged for conspracy to ...
  • can i use medicaid for my son
  • do ordinary dogs or cats need a license



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.