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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
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Experience:  25 years of experience in general practice, real estate law and estate law.
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My daughter moved into an apartment in Oklahoma. The former

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My daughter moved into an apartment in Oklahoma. The former tenant left all her furniture, stating that she was going to negotiate with the landlord to buy it. When my daughter signed the rental agreement, he told her he did not wish to buy the furniture and she and the former tenant would need to work it out between them. Four months later, the former tenant asked for $750 rent for the furniture. My daughter refused and offered her the following options: She would pay $150.00 rent, she could come and get the furniture, or my daughter would try to sell what she could when she left as whatever price she could get and give her the money. My daughter was able to sell some of the furniture for cheap (305.00). She sent the girl the check. Some furniture could not be sold and was left in the apartment. The former tenant is claiming my daughter owes her more and is sending repeated emails. Are we obligated to pay her more money. There was no contract for "renting her furniture."
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
Did they every actually enter into any kind of agreement that daughter would sell the items for the previous tenant?
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And there was no agreement at all, written or oral, for daughter to "rent" the furniture?
.
.
Thanks
Barrister
Customer: replied 1 year ago.

No contract - just stated via email that she would try but could not guarantee success. There was a 'suggestion' that Anna would be allowed to rent the furniture if the landlord and former tenant could not come to an agreement. The former tenant sent a "contract" in December (anna had been renting since May of the previous year). Anna did not sign that contract.

Customer: replied 1 year ago.

Relist: Answer came too late. I can't wait all night for an answer. Seriously, I just paid $50.00!!

Expert:  Attyadvisor replied 1 year ago.
Hello and thank you for your question.

Your daughter had no obligation to anything for the former tenant. Did your daughter sublet the apartment or was the former tenants lease over?
Customer: replied 1 year ago.

Former tenants lease was over. Landlord rented the apartment to Anna with former tenants furniture in it.

Expert:  Attyadvisor replied 1 year ago.

It was the duty of the landlord to handle the furniture. If he could not come to an agreement with the former tenant, the landlord, under the law, needed to store the former tenants property.


There is no signed contract obligating your daughter to do anything. Basically the tenant abandoned their property and they are lucky to receive any money for the furniture.

In Oklahoma a tenant has 10 days after notice is personally delivered to get their property or 15 days after notice is deposited in the mail. This is well in excess of the time period allotted under the law.

 

Please do not hesitate to ask me any additional questions that you may have for me.

 

Thank you for using JA!

 

If you would be so kind as to rate my service I would be most appreciative.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3589
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 5 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.

The landlord had the duty in this situation, not your daughter. The landlord was only required to keep the property for 30 days after notice was sent to the tenant. The landlord needed to be the one to store the property and sell the property.

I have no idea why the landlord would pass on his responsibility to a tenant. This is a link for the Landlord Tenant Act http://law.justia.com/codes/oklahoma/2006/os41.html

Expert:  Attyadvisor replied 1 year ago.
Thank you.

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