What to do when Tenant is arrested?

What to do when Tenant is arrested?

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

I'm curious how others would handle this situation.

Two renters with multiple children were arrested for abusing a child. The child died a few days later and they are both facing murder charges and will never come back to the apartment. 

When something like this happens, what do you do with their stuff? The law instructs me on when to declare it "abandoned" and then I can deal with it a variety of ways. But I don't want to make $50 selling someone's couch because it's incredibly time-consuming and just feels wrong. I would rather have family or friends remove everything so I can just focus on turning the rental around and getting it rented.

I know some of their friends/family, but I didn't want to end up in the middle of a legal fight if the wrong person took the wrong thing and then I get blamed for giving them access. I drew up a pretty basic letter (no attorney involved) explaining their unit is essentially considered abandoned, but that I don't want to protect their stuff. I asked them to provide me with names and contact information of people they authorize to remove their belongings and any special instructions. Some example problems:

  • They are unmarried so the male's friend shouldn't be picking up the female's items;
  • They both have cars that are paid for; I don't want his friend taking her car when it should go to her family members;
  • Items belonging to the deceased child might be going to that child's birth mother that lives in another state.

I reached out to their named contacts to ensure everyone could play nicely. Again, I personally know a couple people on each side of this and they are all good people willing to work with each other to make this happen amicably. I'm providing them access in the next few days to empty the apartment. Anything left behind will be handled using the security deposit, which is sufficient for that and turnover costs.

How did I do? Is there anything else you can think of that I should have done, or done differently? 

The DIY Landlord Book4.7247 Reviews
18Reply
96 views

Most Popular Reply

Rental Property Investor · Member since 2018 · 157 posts · 83 votes
5y

@Nathan G.

I’ve made postings on Facebook that basically say “Everything is free, come take it!” And tons of current and future hoarders show up and take most of the trash.

I usually do this when I buy a house full of

junk, I guess this situation is a bit different. Very sad story.

See this reply in the discussion

36 Replies

Jump to latestLatest
  • Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes
    5y

    Thanks for posting this. We've never had to deal with this specific issue and it's a good lesson in the different aspects involved. Under the circumstances it sounds like you handled it the best way possible. I hope the move out goes smoothly so you can get the unit turned over quickly. 

  • Freehold, NJ · Member since 2021 · 77 posts · 43 votes
    5y

    I think you handled it great. If you didn't know any relatives I would have just donated it all to salvation army or something like that. But I think you showed a lot of grace and compation.

  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    First person came and picked up about four boxes of stuff. Next person has already told me they are only picking up a few kids beds, a couple bikes, some winter clothes. That leaves four beds, an entire living room of furniture, dining room, kitchen jam packed with food and appliances, dressers, clothing, car seats, medical equipment, and much more.

    We will have to do an estate sale and then haul the rest off to the dump or donation centers. This is my fourth one this year.

    The DIY Landlord Book4.7247 Reviews
  • Rental Property Investor · Seattle, WA · Member since 2017 · 383 posts · 248 votes
    5y

    Honestly, man, I'd come on here and ask you how to deal with this! Tough situation, I'm sorry but it sounds like you did the right thing.

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    5y

    I've never had to use it, but my lease contains wording asking the tenant to specify who is authorized to take possession of their personal items should they be incapacitated or deceased. 

    I also include wording that if they don't list anyone, I will follow the law which may include trashing of their items and billing them/their estate for the cost. 

  • Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
    5y

    If I knew the families/friends I would have a few from each side show up at the same time to divide/move everything out. If there were common friends I would ask them to be there to mediate in case there were any disagreements on items. 

  • Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    5y

    It sounds like you are handling it well.  They are lucky you know them as I would have a lot less compassion for someone who abused a child especially if it was serious enough to cause death.  After the family takes what they want I would advertise a cheap yard sale and let people just come in the house and give you some cash for what they remove for you.  For whatever is left Goodwill has pickup services and then a dumpster for the rest.  

  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Greg M.:

    I've never had to use it, but my lease contains wording asking the tenant to specify who is authorized to take possession of their personal items should they be incapacitated or deceased. 

    I also include wording that if they don't list anyone, I will follow the law which may include trashing of their items and billing them/their estate for the cost. 

    Way ahead of you. I have a clause in the lease and in every renewal that asks them to name someone authorized to remove their personal belongings, accept deposits, etc., in the case of death or incarceration. They provided us with two names; one is deceased and the other has outdated contact information after just five months.

    The DIY Landlord Book4.7247 Reviews
  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    I've had six tenant deaths in the past six months and two major incarcerations. Two of the deaths had no family/friends and we were forced to sell/donate/dispose of their property. Both incarcerations will involve family/friends picking up a small amount of items, mostly children furnishings, and then we're left to deal with the rest.

    Could it generate some income? Possibly. It's very time-consuming to list everything for sale, answer inquiries, meet people to look or purchase, etc. I can maybe get $1,500 - $2,000 for the larger items but only if I take my time marketing and looking for buyers. My time is worth more than that. We don't have a consignment store.

    I'm starting a search for someone that's willing to empty a house for free and their "pay" is whatever they can sell the items for. That fixes my problem and reduces the Landlord's losses.

    The DIY Landlord Book4.7247 Reviews
  • Rental Property Investor · Member since 2018 · 157 posts · 83 votes
    5y

    @Nathan G.

    I’ve made postings on Facebook that basically say “Everything is free, come take it!” And tons of current and future hoarders show up and take most of the trash.

    I usually do this when I buy a house full of

    junk, I guess this situation is a bit different. Very sad story.

  • Johnston, IA · Member since 2017 · 3 posts · 1 vote
    5y

    @Nathan G. Go talk to Colin Simpson. Seems to me it’s an eviction when they don’t pay...

  • China, ME · Member since 2014 · 3k+ posts · 4k+ votes
    5y

    @Nathan Gesner  Once the legalities are straightened out, a nice way to dispose of their items is to contact your local Habitat for Humanity and ask if they have a ReStore.

    I'm on the Board of Directors for the Habitat here in Waterville, Maine and our ReStore is a significant contributor to our funds - and that helps us to build more homes.

    ReStore accepts donations of all sorts of household items from furniture to tools to sets of dishes to cabinets and plumbing fixtures.  You can not only get a receipt for your donations, but you might find some dirt cheap treasures there at the same time.

  • Suzanne PlayerPro Member
    Attorney · New York City / Long Island, NY · Member since 2020 · 597 posts · 248 votes
    5y


    @Nathan Gesner I see you’re a property manager so I would expect you’ve already checked with your attorney about the law in the applicable state & municipality.   But as you mentioned, sometimes even when a tenant gives a contact person, it isn’t helpful for whatever reason.  Perhaps as @Greg M. mentions above, a clause saying that if no one claims the property within X days you will automatically do X to empty the unit (X of course depends on the laws of your state & municipality).  Perhaps upon certain contingencies the property can become the property of the landlord which would give you the ability to use your judgment.  I always like a clause that says what the default will be because things do happen and you don’t want to be in limbo, wondering what is the right thing to do.

  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Milo Vukelich:

    @Nathan G. Go talk to Colin Simpson. Seems to me it’s an eviction when they don’t pay...

     Hey, someone that knows Cody! Actually, their rent is paid through April. And what good would it do to evict them when they're already gone? The personal belongings can already be declared abandoned and I can do with them what I want, so an eviction only serves to add another layer of formality but it also eats up time and money.

    I just want the stuff out. Their deposit is big enough to cover cleaning plus I could probably hire someone to remove the remaining items. I'm just curious if anyone else has ran into a similar situation and how they handled it.

    The DIY Landlord Book4.7247 Reviews
  • Johnston, IA · Member since 2017 · 3 posts · 1 vote
    5y

    @Nathan G. Born and raised. My dad owned the Enterprise.

  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Charlie MacPherson:

    @Nathan Gesner  Once the legalities are straightened out, a nice way to dispose of their items is to contact your local Habitat for Humanity and ask if they have a ReStore.

    I'm on the Board of Directors for the Habitat here in Waterville, Maine and our ReStore is a significant contributor to our funds - and that helps us to build more homes.

    ReStore accepts donations of all sorts of household items from furniture to tools to sets of dishes to cabinets and plumbing fixtures.  You can not only get a receipt for your donations, but you might find some dirt cheap treasures there at the same time.

    Our ReStore is usually booked out several weeks for pickup. Again, it's not worth my time to put it all on a trailer and deliver it 25 miles away.

    The DIY Landlord Book4.7247 Reviews
  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Suzanne Player:


    @Nathan Gesner I see you’re a property manager so I would expect you’ve already checked with your attorney about the law in the applicable state & municipality.   But as you mentioned, sometimes even when a tenant gives a contact person, it isn’t helpful for whatever reason.  Perhaps as @Greg M. mentions above, a clause saying that if no one claims the property within X days you will automatically do X to empty the unit (X of course depends on the laws of your state & municipality).  Perhaps upon certain contingencies the property can become the property of the landlord which would give you the ability to use your judgment.  I always like a clause that says what the default will be because things do happen and you don’t want to be in limbo, wondering what is the right thing to do.

    I'm already aware of the law for my state. This isn't my first abandonment, by far! What is unique is that most abandoned property is just trash: old mattresses, broken furniture, spoiled food, etc. It's different when it's someone's entire life, kids clothes and toys, decent furniture, etc.

    Speaking of which, I just filed for a my third "lost title" on vehicles abandoned. The first was a Honda CRV from a tenant that died. His family told me to give it to my son who had just earned his license. Second vehicle was a tenant that died and left an RV. Third was a tenant that was arrested and left a small project pickup on the property. This latest tenant gave instructions for her family to remove certain things but they don't want any furniture, TVs, kitchenware, or even the TV. So I may be getting title on this one, too. 

    The DIY Landlord Book4.7247 Reviews
  • Member since 2020 · 1 post · 1 vote
    5y

    Hello Nathan,

    I just recently had a tenant passed away who was in the middle of a divorce so things were messy. There were no emergency contact and I ended up getting a lawyer. Your state law might be different but we actually had to keep the house vacant 10 days after the current rent was due. Then filed a affidavit with the court before we were allowed to remove the stuff. The stuff has to be stored for 90 days and if no ones claim it. You can sell to reclaim of lost or donate. Hopes this help! Good luck!

  • Real Estate Agent · Winston Salem, NC · Member since 2014 · 486 posts · 303 votes
    5y

    @Nathan G. Yeah call Habit for Humanity. They’d be happy to come pick up what’s left. Also can you get a tax write off for the donation?

  • Suzanne PlayerPro Member
    Attorney · New York City / Long Island, NY · Member since 2020 · 597 posts · 248 votes
    5y

    You mentioned kids’ toys.  If you see anything important to a child that could have been left behind, is there a social worker who left their card or a relative who left their #? These kids may be going to foster care, I hope they have their special dolls or stuffed animals to take with them.  The stuffed animal that is the most worn that adults would throw away is often the most important, the kids may have been moved very quickly & not gotten everything.  The whole thing is heartbreaking.  Maybe not your legal obligation, but sometimes there’s a chance to make a difference for a kid.

  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y


    All good advice. If you're interested in the story, it's front-page news at codyenterprise.com

    The DIY Landlord Book4.7247 Reviews
  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Suzanne Player:

    You mentioned kids’ toys.  If you see anything important to a child that could have been left behind, is there a social worker who left their card or a relative who left their #? These kids may be going to foster care, I hope they have their special dolls or stuffed animals to take with them.  The stuffed animal that is the most worn that adults would throw away is often the most important, the kids may have been moved very quickly & not gotten everything.  The whole thing is heartbreaking.  Maybe not your legal obligation, but sometimes there’s a chance to make a difference for a kid.

    Done. I'm in contact with the lead Detective, Family Services, and some family members. My first thought was that I wanted the children to get their toys, clothing, etc.

    The DIY Landlord Book4.7247 Reviews
  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    That's a fair question. First, I manage 400 rentals so my odds are a little higher than most. Second, all the deaths were ages 63 and older, and none of them involved crime. Death and taxes.

    The first couple arrested in December had been with us for almost two years. They both come from good, local families. They had good jobs, good kids, went to church, etc. The wife had a drug past but had been clean for many years, the husband had no criminal record. When COVID hit, they both lost their jobs but worked hard to find new ones, stayed in communication, and were keeping up on rent until September when the job market slowed down and they really started to struggle. They still communicated, still made small payments every 1-2 weeks, and were working with us to apply for assistance from everyone and their brother. By all appearances, they were still doing well. Behind the scenes, they both started using meth and were involved in a lot of theft, bounced checks, stolen identities (dozens), and more. It caught everyone by surprise.

    The second couple is currently all over the news. Good people, local families, lots of friends, no criminal history for either of them, etc. We had rented to the husband about five years ago. Both had good jobs, good income, drove nice cars, etc. I saw their apartment and all their kids back in December during an inspection and there was nothing out of the ordinary. I inspected back in December and the rental was good, the kids were happy and playing around, the house was full of food and toys and clothing and furniture for the kids. The entire thing is strange and caught everyone by surprise.

    The DIY Landlord Book4.7247 Reviews
  • Investor · Savannah, GA · Member since 2019 · 66 posts · 35 votes
    5y

    Wow, tough situation but I think you handled this perfectly by giving them the appropriate time to gather anything they want and then auctioning the rest off. Honestly, you could probably connect with someone at your local flea market to liquidate it? That would help move it all at once instead of per item.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    I was in a similar situation recently for different reasons. Separating who to allow to take stuff is one of the challenges. You are lucky people are working together and not fighting. When you don't know who owns what and don't like authorizing going through other peoples stuff it can be a challenge.   There are estate sale companies out there that will do the selling and donating but not sure at what point that starts at and whether it is worth it for a smaller property. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.