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I have a question for landlords and tenants alike.
Currently, the laws in WA (and I assume elsewhere) is that when the tenant defaults on rent, and thus their lease and is summarily evicted, that their property is still their own and that the landlord must make 'reasonable effort' to store that property and be available for the tenant to retrieve it.
Personally, if someone has defaulted on rent, I believe the landlord has the right to attempt to sell the property if not immediately, shortly after the eviction in an effort to recoup losses. It just makes sense to me.
I have a question for landlords and tenants alike.
Currently, the laws in WA (and I assume elsewhere) is that when the tenant defaults on rent, and thus their lease and is summarily evicted, that their property is still their own and that the landlord must make 'reasonable effort' to store that property and be available for the tenant to retrieve it.
Personally, if someone has defaulted on rent, I believe the landlord has the right to attempt to sell the property if not immediately, shortly after the eviction in an effort to recoup losses. It just makes sense to me.
Usually the landlords have to store the property for 30 days, prior to selling. The law is the way it is, so that landlords do not have the incentive to evict.
If the law was changed to what you propose, perhapse you owe $1000 in rent, and you are like me, owned $30,000 in computer equipment. The landlord would profit from evicting me.
The laws vary from State to State... follow the law as it is in your State.
Many States require the Owner store the property for a prescribed period of time. Charges must be reasonable and incurred. You cannot charge the tenant full rent for a unit if the items left behind would only occupy a room.
Typically, if the property value is below a certain threshold, the owner may dispose of the property, keep it or sell it after waiting the required number of days.
If the property is above the threshold amount, the owner must publish and conduct a sale. The proceeds of the sale are distributed as prescribed by applicable law.
Personally, I will bend over backwards to see to it that tenants have all their items when vacating... to the point where I have even gone to U-Haul and paid the daily fee to make it happen.
I don't want or need the problems associated with holding a former tenant's items. Renting property is a business and the sooner I can clear the property the sooner I can re-rent.
Lawsuits waste time, even if groundless.... One man's junk is an other's treasure.
Usually the landlords have to store the property for 30 days, prior to selling. The law is the way it is, so that landlords do not have the incentive to evict.
If the law was changed to what you propose, perhapse you owe $1000 in rent, and you are like me, owned $30,000 in computer equipment. The landlord would profit from evicting me.
Same here pgh, and I'm not saying that the landlord should necessarilly 'profit' off it, just to recoup their losses.
Quote:
Originally Posted by Ultrarunner
The laws vary from State to State... follow the law as it is in your State.
Many States require the Owner store the property for a prescribed period of time. Charges must be reasonable and incurred. You cannot charge the tenant full rent for a unit if the items left behind would only occupy a room.
Typically, if the property value is below a certain threshold, the owner may dispose of the property, keep it or sell it after waiting the required number of days.
If the property is above the threshold amount, the owner must publish and conduct a sale. The proceeds of the sale are distributed as prescribed by applicable law.
Personally, I will bend over backwards to see to it that tenants have all their items when vacating... to the point where I have even gone to U-Haul and paid the daily fee to make it happen.
I don't want or need the problems associated with holding a former tenant's items. Renting property is a business and the sooner I can clear the property the sooner I can re-rent.
Lawsuits waste time, even if groundless.... One man's junk is an other's treasure.
Ultra, I agree entirely and thats how the laws are set up, and that taking up space in the unit is just silly. But, why is it that they're still entitled to their stuff and that you as the landlord have to accept more costs associated with it?
Ultra, I agree entirely and thats how the laws are set up, and that taking up space in the unit is just silly. But, why is it that they're still entitled to their stuff and that you as the landlord have to accept more costs associated with it?
I have wondered the same question myself...
The best answer I've heard is that Tenant's rights have evolved over the last 50 years to address egregious acts that have been perpetrated on Tenants.
It only takes a couple of Headline Stories to prompt law makers to respond and the electorate consists of many more renters than landlords.
Business has no vote... only influence through trade associations and lobbyist...
The best answer I've heard is that Tenant's rights have evolved over the last 50 years to address egregious acts that have been perpetrated on Tenants.
It only takes a couple of Headline Stories to prompt law makers to respond and the electorate consists of many more renters than landlords.
Business has no vote... only influence through trade associations and lobbyist...
Those damn scummy landlords. I know that you can eventually sell the property, but I want to say its like a year or something ridiculous in WA.
And of course, anyone who defaults on rent is probably going to a) take their valuables with them, and b) not have a lot of valuable property anyway.
This is what I don't understand...
1) the tenant stops paying rent...landlord loses money from rent non-pymt
2) the landlord starts eviction-process...fees & court cost & maybe an attorney
3) tenant loses, has to vacate...but judge still extends MORE time to tenant to move out
4) tenant's time is up...tenant makes more motions to court to extend even more time
5) No more extensions from judge, times up...but now landlord has to wait for the sheriff
6) Sheriff after weeks, finally puts tenants out...but all of their furniture and belongings are still there for the landlord to babysit and be responsible for, because now instead of tenants taking up space so you can't re-rent the unit...now their belongings are serving the same purpose.
So bottom line, tenant gets months of free rent plus weeks of free storage while all the landlord can do is wait and watch his money go down the drain. The tenants know the law and uses it all the way to the bank.
This unfair system that the law has unfairly enforced seems to be egregious acts that have been perpetrated on landlords. The law has not only made me responsible for maintaining a safe habitat for the tenant as long as they are in my property, but the law insist that I keep up maintenance and even utilities REGARDLESS IF THE TENANT PAYS OR NOT. Then when I finally work through the almost impossibility of getting them out of MY property, the law wants me to be responsible for their belongings until they can get around to coming by and taking them with them...why don't I just adopt all of their troubles and pretend they're my children. But wait...they are the reason I, the landlord, is behind on my bills to take of my real children. So when I have to talk to the foreclosure judge, maybe I can blame all my problems on the tenant/landlord judge who altogether allowed the tenants to (steal) take thousands out of my family's mouth. Who knows... the tenant might have saved up enough free rent to bid on my foreclosed property at auction, ironically. THESE TENANT/LANDLORD LAWS ARE LAUGHABLE...a real joke.
Here's a question... HOW CAN LANDLORDS CHANGE SOME OF THESE RIDICULOUS LAWS.
EVERY LANDLORD IS NOT WEALTHY.
Last edited by Angry Landlords; 09-19-2016 at 05:43 PM..
Reason: forgot a thought
The last thing any landlord wants to see after a property is vacated is that the tenant left property behind. Landlords aren't interested in becoming the renter's interface to Craig's List.
Best you tenants can do is leave stuff behind that is obviously trash: I have a company I hire to haul it off and the money I pay them I deduct from your deposit.
Here's a question... HOW CAN LANDLORDS CHANGE SOME OF THESE RIDICULOUS LAWS.
EVERY LANDLORD IS NOT WEALTHY.
If you can't carry a tenant through the entire eviction process in your jurisdiction, maybe you need to get out of the business. Renting is a business and deadbeat tenants along with the eviction cost, is part of the business, Failing to plan isn't anyone's fault but your own. Remember, these laws weren't drawn up and promulgated just to have something to do, No, they came about because of abuses by landlords against tenants.
If you can't carry a tenant through the entire eviction process in your jurisdiction, maybe you need to get out of the business. Renting is a business and deadbeat tenants along with the eviction cost, is part of the business, Failing to plan isn't anyone's fault but your own. Remember, these laws weren't drawn up and promulgated just to have something to do, No, they came about because of abuses by landlords against tenants.
^^200% in agreement with this! Plus, if this is occurring frequently then you obviously aren't screening well enough.
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