Seeking advice Alabama

8 Replies

tenant moved out with out notice a few days before the lease expiered. He left a truck ,a washer and dryer on my property. The truck has no tags on it. I notified the tenant he needed to remove his property, or I will have to charge storage fees. 30 days later . Items are still here. I removed the washer and dryer from my yard, filed a lien on the truck. The tenant called me saying he contacted the police saying I stole his stuff. I told him he can have his things when storage fees are paid. Any helpful tips?

On your lease it should say that any and all remaining items left is considered trash (this is common language), I would review that and go from there.

Under Alabama law, you must retain personal property on the premises for 14 days after lease termination before disposing of it. I am of the personal opinion that applies to an "artificial termination" such as a default and then a termination. It is my opinion the statute does not apply to a lease "expiration" when a tenant can see that date coming usually a year in advance. But, there is no court guidance on that point. In your case, it's been 30 days. Get rid of the stuff.

Thank you I told the tenant after 14 days I will discard them although the truck I am nervous to remove from the property it has been 30 days am I able to put the vehicle in a fenced area to prevent him from getting it now until the fees for storage are paid?

Since the tenant no longer has a valid lease, you could call the local police department and report the car. Since it is technically trespassing, now that they don't have a legal right to be on your property. The police may issue a citation and/or have the car towed (at no expense to you), and the tenant will have to pay the towing and storage fees to get it back. I feel this may be the safest route from a liability standpoint, but #notalawyer.