Landlord Question and Answer Forum

Rented to a family member...help

We rented a house to my brother and his wife and kids. We didn't make them sign a lease agreement. They never paid the rent on time and left after 5 months. That was last November. They left a ton of their stuff in the house so it was virtually impossible to re-rent it without storing it. When they left they told us they would be back in 2 weeks to get their things. Nothing. Months go by and we let them know again they needed to get their things. Again nothing. It's been 6 months since they left. Can we sell their things legally and keep the money? What if they show up as we are selling the items...do we have to hand them over or do we make them pay us for storage fees first...do we call the police? Thanks to anyone that can help.

Especially because there was no lease to protect them, you can put their things out to the curb and get your home back ready to re-rent. You do not have to put their things in storage and hope to recover the money back, that is not required of you. They have "abandoned" thier personal belongings. When removing their things, yes , you may want to call a police officer over to write a report to protect yourself.

Posted by Beth G, FL on Friday, May 07, 2010

you only have to store their stuff for 30 days after that you can sell to pay for storage fees as it is considered abandoned

Posted by Cindy H, NY on Wednesday, May 12, 2010

not sure about OH but I have heard you have to send a certified letter to get their stuff or you are selling/getting rid of it. Its months later... what happened?

Posted by Land L, CA on Wednesday, September 08, 2010

You should definitely check your state L/T laws. I have a similar issue and my state require that I send a notice to their last known address informing them to remove their belongings within 30 days of receipt of the notice. Thats what I did. If they left and you are not aware of a new address. Send the letter to the apartment that they occupied, the mail carrier will forward it to their new address, considering they may put in a change of address. Irrespective you want to protect yourself from all liabilities. Send certified with return receipt so someone signs for it. If they refuse to collect it thats fine once you attempted to contact them you are in the right.

Posted by Karrgitha W, PA on Wednesday, September 08, 2010

Karrgitha is correct. In most states a written lease is NOT a requirement for tenancy. You still have to take the same legal course to remove them and their possessions as you would with a tenant with a written lease. Do a google search for "Landlord Tenant Act Ohio" and check your local laws. Since it is your brother, you really should attempt to let him know of your intent to file for eviction BEFORE you do. That may be enough to get him to move his stuff. Evictions are time consuming and expensive for both parties.

Posted by Jason I, AZ on Thursday, September 09, 2010