HAD A RECENT FIRE IN A RENTAL UNIT IN MASSACHUSETTS. THE LEASE LISTED A SINGLE TENANT. THE TENANT HAD A FRIEND LIVING WITH THEM. HOW DO I HANDLE THE SAFE LEGAL WAY OF GETTING RID OF THE FRIENDS PROPERTY. THE FREIND WAS NOT ON THE LEASE. THANKS FOR ALL INPUT.
is the fire small or large? Did the tenants have to leave? What happen to your tenant's stuff? Do you absolutely, positively, know or acknowledge the friend as a tenant ? Did you take any funds from the friend? Did either of them declare it to you before or after the fire that the friend was living there?
I must state the fact that IANAL....but I would treat it as all belonging to the tenant.
Also, if either of them caused the fire and you want to go to court over it, you could take the tenant as they are responsible for all guests too....that is another whole huge ordeal.
Need some additional information. Why are you looking to get rid of the friends property? Do you have to move the tenant out to make renovations?
Bottom line I would treat everything in the apartment as tenants. If you are moving it to repair the unit just treat it as tenants. Let them sort it out if one of them comes to you looking for their stuff.
You might want to start an eviction for cause (for violating the lease by having a room mate)
Rich......The fire is pretty extensive. The whole house needs a gut. The house is about 100 years old. All the tenants had to leave. The tenant had a friend in the rental. No money was accepted from friend - rent was always paid by tenant. The friend of the renter caused the fire accidentally.
Doug...Trying to not make any mistakes with this issue to prevent problems down the road. Most of the renters property was destroyed. The friends property was pretty much intact except for smoke damage. Eventually I need to make repairs, would like the tenants to get on with their lives, and want no issues with liability with people trying to get their stuff in a burnt out house.
Just trying to prevent any more issues and would appreciate the least amount of cash spent.
It should basically be considered the tenants belongings. The friend has no rights with you, you have no obligations to them.
Sounds like they were also in violation of their lease by letting the friend live with them, though, that doesn't really matter at this point.