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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35262
Experience:  16 years real estate, Realtor. Landlord 26 years
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Ive given a tenant written notice - they asked for a little

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I've given a tenant written notice - they asked for a little more time due to health issues but they have pushed it to the last possible minute. I have new tenants moving in. Can I put the rest of their stuff in the garage until they can get it?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
I am sorry to hear you are having tenant problems. As a landlord for over 24 years, I completely understand your frustration.
Unfortunately, you can't legally remove their belongings unless you have gone through the courts and formally evicted them with an order for possession from the judge.
Now, from a practical viewpoint, if they don't have much stuff left, then you can probably move it out to the garage as long as you are careful and don't damage anything. It is pretty unlikely they would try to take any legal action and If they tried, you could defend that you didn't actually remove it from the property, you just changed its location.
But if it were me, since they changed the locks and are obviously taking advantage of your generosity, I would file an eviction action as well as charging them for any additional rent if they haven't paid for July. They may not be in any hurry to get their things out and when they get a summons, that should speed them along.






If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.


I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 3 years ago.

Thank you. That was kind of my feeling. I've bent over backwards to accommodate them because it is a difficult situation but I feel like they've really taken advantage and it's getting worse. I know I can't remove their things from the property, but if I move them to one area so we can get the rest of the house cleaned, that would help. Thanks again.

You are very welcome. I have had my generosity and pity for a person's situation get me in trouble with tenants before as well. Every landlord has done this at one time or another but it usually only takes once or twice...
I usually start out my tenant speech by explaiing to them that this is simply a business and I have to run it like one. Even if I like them personally, I will evict them if they don't pay the rent or violate the lease. That sets the tone initially and lets everyone know where they stand. It must be working because I haven't had to evict a tenant in about 6 years...
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