Abandoned Property...What would you do?

[Beth Cannon]

How would you handle the personal property left by a tenant who has broken the lease, not paid December rent, and advised she moved out to another town 3 weeks ago? Tenant keeps scheduling appointment to pick up items but never shows. This is in North Carolina. Property is worth about $150 - table and chairs, dirty mattress, couch, and side table, and some kitchen items.

[Nathan Gesner]

Know your law. In my state, I can consider property abandoned if it's been left for 15 days or more and the tenant owes rent.

Even if you don't know the law, you can apply common sense. It will cost the tenant $150 or more to file in Small Claims Court. Will they do that for $150 of stuff that you've told them to repeatedly pick up? Even if they file in Small Claims, they would have to prove the items were in the rental and that you disposed of them illegally. 

You're wasting precious time. Haul the stuff to the dump or a donation center and be done with it. Don't ever allow tenants to use your property as a personal storage facility because they will walk all over you. You just lost weeks of rent income storing $150 worth of crap.

If these were items of real value that you expect the tenant may come back to claim, then you can consider placing it in storage (even your personal garage). Let the tenant know they can collect their items when they pay any unpaid balance, moving costs, and storage costs.