Newby: Tenant not removing property after giving 30 day notice

Member since 2021 · 6 posts · 2 votes

I'm in Louisiana and new to the residential rental market and am going through my first turnover. Tenant owes a month and a half and gave 30 day notice after the first non full payment. Its been a week past her 30 day notice and she is slacking on moving her property out the house. I need to take pictures and list to start properly screening the next tenant. I'm not sure what my next legal step is to continue moving forward. Since her 30 notice is up i'm wondering if its legal to move her stuff out to the front porch or what my next step may be. Also interested in the process you use inbetween tenants to be more efficient. Thanks in advanced.

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John UnderwoodPro Member

Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes

Call your local Magistrate and ask what.you can do. Mine would day if less than $500 worth of stuff at garage sale prices them I can take back property and dispose of any stuff in house.

Are utilities still on in tenants name?

If not I would consider property abandoned by tenant. Check with your local Magistrate to confirm.

If utilities are still on and I can go in, then I see if oven is clean or if it needs to have the self cleaning feature turned on.

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John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
4y
Call your local Magistrate and ask what.you can do. Mine would day if less than $500 worth of stuff at garage sale prices them I can take back property and dispose of any stuff in house.
Are utilities still on in tenants name?
If not I would consider property abandoned by tenant. Check with your local Magistrate to confirm.
If utilities are still on and I can go in, then I see if oven is clean or if it needs to have the self cleaning feature turned on.
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Andrew B.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
4y
You need to clarify if tenant has turned possession back to you. If yes, you follow your states laws around abandoned property.
If tenant still has possession of the unit, you cannot remove any of their property.
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Julie Hartman
Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes
4y
@Joseph Green Have you tried communicating with the tenant to find out if she vacated but just left stuff behind hoping you would dispose of it? If she is not communicating, I would not do anything until you have confirmed the abandoned property laws of your state and follow them exactly. Once you do go inside, make sure to take photos of everything that was left behind so you have a legal record in case she comes back and tries to make a claim the house was full of gold bars.
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Joseph Green
OP
Member since 2021 · 6 posts · 2 votes
4y
Thank y’all. I spoke with the justice of the peace for the area my rental is in and notified him that I did receive a 30 day notice in text form. He informed me that written notice is the best. And I would give her until this weekend which would be 10 days past the 30 day notice to remove anything she wanted. The rest would go on the covered front porch for one more week then disposed of. He told me I’m a lot nicer than he would be. Thank you.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
The problem here is that you haven't identified if she's still living in the rental or not. If she's just using it as a personal storage unit, then that's different from someone actually living in the unit.
It sounds like you've got an answer. In the future, you need to have the answer before the 30 days are over and be ready to pounce if they are one day late in moving out.
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Lydia Cutrer
Real Estate Agent · New Orleans, LA · Member since 2017 · 3 posts · 1 vote
4y
@Joseph Green no, you can’t move her belongings out. You must follow the eviction procedures for your local parish/court. If Orleans, it’s Civil District Court, https://www.orleanscivildistrictcourt.org/first-city-court-clerk
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Bud Gaffney
Rental Property Investor · Boston, MA · Member since 2019 · 2k+ posts · 1k+ votes
4y
It sounds like you have a "PRO" tenant on your hand. Start the eviction process IMMEDIATELY.
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