Landlord Question and Answer Forum

We had a flood in our area and the tenants had to vacate the premises. The flood was 9/8/11. It is now 10/25/11 and the tenant still has not removed all of their personal items. They have relocated to another apartment. They notified us several weeks after the flood that they had found new residence. They asked us to not move their personal items until they were able to go through them. We encouraged them to please move furniture so that carpet and walls could be removed. We have been moving their items and boxing it up until they pick it up. They did not pay September rent. Now they are asking to have their deposit returned. Anyone have advice??

It seems to me that they have had plenty of time to come and get their property. I would send them a notice in WRITING to come and claim their property. If it is not claimed within the allotted time permitted by your states regulations, then dispose of it and I believe you can also deduct the cost of ridding yourself of the property out of the deposit. An argument can be made also that you need to secure your property and remediate to prevent mold and other hazards and they are stopping you or making it harder for you to do so.

Posted by Donna , NC on Thursday, November 3, 2011