Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant
This answer was rated:

I need help regarding a property law issue. We had a

friend/guest staying in our rental...
I need help regarding a property law issue. We had a friend/guest staying in our rental apartment (only us on lease for the last 6 years) who has left items in the house for the past few weeks, has never paid rent, and is now trying to lay claim that he is a tenant of the property - we have asked him to exit the property and have offered to pay for moving storage to get his things out while he is out of the state, and is now threatening to sue. (and has also become threatening and beligerent in texts saying that we cannot touch his things and he will send sheriffs into the property if we do). we have offered multiple times to set a date and time for movers to pick up his things as there is a current temporary restraining order on him for his threats, and he continues to not accept positive solutions to getting him back his belongings. What is the property law/requirements on removing someone's property who is not a tenant of the actual property/lease?
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 2 minutes by:
10/11/2016
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,672
Experience: Attorney over 17 years, landlord 26 years
Verified

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.

.

Does the person have a key to the dwelling?

.

Do they get their mail there?

.

And he is not currently living there, just storing his personal property, correct?

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
He does have a key. He may have delivered packages here or one or two pieces of mail in 5 months. He was never asked to pay rent however and knew he was only a guest, was asked to leave. He even contacted the landlords and they told him he is not a tenant on the lease. He left after a discussion about him finding his own place and has not returned in 3 weeks, but his property is still here.

Ok, can you tell me what state this is in?

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
What are the laws and best way to proceed to get his things off the property? We are in California.

If he has vacated and isn't living there currently, then you have two options...one safe but longer, and the other faster, but riskier legally.

.

You can consider him a tenant since he has his personal property there and give him a written 30 day notice to terminate by posting it wherever he was staying ( a bedroom door maybe) and then pursue a formal eviction through the courts if he doesn't come remove his property or make arrangements to have it moved within that time.

.

That is the safe way because once you evict him through the courts, you can legally throw him and his stuff out..

.

The faster, but a little riskier way is to consider this a "voluntary bailment" that you are terminating. A voluntary bailment is when one party, the bailor, leaves personal property in the possession of the bailee with permission or consent. The bailor can return and take possession of the property at any time before the bailee terminates the bailment and the property is considered abandoned. A bailee can terminate a voluntary bailment by giving notice to the bailor that they need to come get the property or it will be considered abandoned and disposed of.

.

In order to legally terminate the bailment, you have to give written notice to the bailor at their last known address (which would probably be the property address). I would send it certified mail as well as first class mail in case they have a forwarding address with the post office. Then I would text them the same content as the letter. State that you are terminating the bailment and the bailor has 10 days to remove the property or you will consider it abandoned and dispose of it. On day 11 if it is still there, you can dispose of it as abandoned.

.

This is a little riskier because you don't have a court order in your hand telling you that you can dispose of it. But if he tried to sue you if he didn't arrange for someone to come get his stuff and you disposed of it, you have proof via the certified mail receipt and copy of the letter that you properly terminated the bailment and gave him a chance to retrieve his property before you disposed of it..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
Are we able to hire movers to move his property to a storage unit which we will give him access to willingly? Or are we required to keep the property here for 10 days once he is notified? Thanks so much for the help!
Customer reply replied 1 year ago
Is he technically considered a tenant if here for 5 months without paying any rent? His legal address is not here. Just talked with my boyfriend and he has not received any mail here just amazing packages.
Customer reply replied 1 year ago
Amazon

I think that as long as you make sure the property is protected from the elements in a locked enclosure, that would be legally permissible. As the bailee, you just have to take reasonable care over the property. But there is nothing that says where that care has to take place.

.

And the payment of rent isn't mandatory for someone to be considered a tenant... they just have to stay somewhere for an extended period of time and have their personal property moved in along with having access to the property, typically with a key.

.

Oh, and one other thing, I would definitely have the locks changed asap.

.

I was just about to ask what amazing packages he had gotten there...

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
ha! all amazon packages are amazing! Is there a certain period of time that constitutes "extended period of time" in california to make him a tenant? Promise that's my last question!

That is kind of a subjective determination that a judge makes as there is no hard and fast rule, but typically a month is when someone is considered a tenant.. The more factors that come into play the more likely a judge would rule he is a tenant and has to be evicted.

.

Like having a key, length of time there, getting mail, driver's license info, having personal property and toiletries there, paying rent, paying utilities, parking passes, name on utilities, etc.

.

So there is no one thing as it is kind of an amalgamation of things that make someone a tenant rather than a guest..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
if he is considered a "tenant" with the conversation of him moving out being on September 20th (which we have in writing - and he agreed to). Are we able to move his stuff into storage with giving him access or does he need to retrieve his property here at our address (swear last question this time! ha).

I would opine no, because if he voluntarily vacated, he is no longer a tenant, but only a bailor. So yes, I would opine that you can move his stuff to storage. As long as it is protected and secure, you are fulfilling your legal duty to maintain reasonable care of the property until the time expires in the notice period for the bailment termination.

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
Ok amazing!! Thanks so much for all your help/advice! Will give you a glowing review ;)

You are very welcome. Happy to help any time.

.

.

Have a great evening!

Barrister

Ask Your Own Landlord-Tenant Question

Hello, just checking in to see if you had any further questions..

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,672
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,672
38,672 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

38,672 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
My question is the following... The 31 of october perform a
Greetings. My question is the following... The 31 of october perform a lease in apartment for 12 months in Las Colinas Irving Texas.I need to cancel it because i got divorced and I go to Italy in Janu… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
I need to evict a resident the homeowner [landlord] wants
I need to evict a resident the homeowner [landlord] wants him out in 10 days. I'm as bright as a box of rocks and ***** ***** Landlord thinks I,m dragging my feet... hes incapable. 69 yrs old how do I… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
This question concerns CA Tenant Law. Am I speaking to an
I have received a "LEASE VIOLATION" notice for garage storage and I would like to know what options if any, I may have if any. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Man complained continuously about cockroach infestation at
Man complained continuously about cockroach infestation at apartment complex. Management had his apt sprayed but did not seem to help. Management blamed problem on former neighbor (moved away). Now ma… read more
barristerinky
barristerinky
Attorney
38,672 satisfied customers
Upon signing the lease agreement, tenant and landlord are
Upon signing the lease agreement, tenant and landlord are suppose to have copies of every paperwork, correct? What if there was some paperwork I don't ever remember signing and I know I never received… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
A property is let by a landlord to a lessee in terms of an
A property is let by a landlord to a lessee in terms of an agreement of lease. The property has a cellar. The lease agreement specifically excludes the cellar. However the lessee openly occupies the c… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,051 satisfied customers
I have a rental property that my tenants have just moved out
I have a rental property that my tenants have just moved out without notice. They have not paid last months rent. I need to know when can I gain access to the property. … read more
barristerinky
barristerinky
Attorney
38,672 satisfied customers
I am a landlord of a house in Lacey, WA. My tenant signed a
I am a landlord of a house in Lacey, WA. My tenant signed a contract 11/10/2017. She has just started to move in and refuses to pay the pro rated amount of $700 because she chose to move in later that… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
My landlord evicted me unfairly by pocketing my partial
My landlord evicted me unfairly by pocketing my partial payment. I didnt go to court so the eviction went through. The landlord then afterwards allowed me to move in to another apartment in the buildi… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I need your help to figure out how to deal with a dispute
Dear Pearl, I need your help to figure out how to deal with a dispute with my tenant regarding rodent infestation issue in my rental house … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I am renting a cinco and the owners hqve installed inside
I am renting a cinco and the owners hqve installed inside cameras without my knowledge i wan them removed what recourse do i have… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I am a tenant and was charged for the elevator in my
Hi I am a tenant and was charged for the elevator in my building breaking down. is that something a tenant can be charged for? I assume the elevator should have a warranty or some type of service cont… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
My landlord has not repaired the refrigerator after 90 days.
My landlord has not repaired the refrigerator after 90 days. I have called multiple times and finally made a request in writing. The superintendent says the landlord can't due to family issues and his… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a landlord in the state of Illinois with a twelve month
I am a landlord in the state of Illinois with a twelve month tennant lease. The lease runs from JULY 30, 2017 to July 31, 2018. There is no listing of when the rent is due. My question is when would t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I broke off an engagement, and moved out. I let my landlord
so i broke off an engagement, and moved out. I let my landlord know and my fiance is still residing there. I offered my landlord to pay out the entire rent, not just my half to be put off the lease and they said no. can i do anything? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
Landlord dies 3days ago have received no notice to vacate
Landlord dies 3days ago have received no notice to vacate received text telling me to be out asap by daughter inlaw … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We just went through an eviction of tenant. tenant moved out
we just went through an eviction of tenant. tenant moved out without leaving forwarding address. Aside from the damage beyond normal wear and tear they painted graffiti on walls of three rooms and glu… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
What are the duties of a revocable trust. Vermont. That the
that the occupants are suppose to make payments equal tp the amount of the taxes and they don,t … read more
barristerinky
barristerinky
Attorney
38,672 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x