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Tenant's Property Left After Termination of Lease

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  • 02-21-2009, 08:23 PM
    rob2lw
    Tenant's Property Left After Termination of Lease
    My question involves landlord-tenant law in the State of: I live in N.C. New at being a landlord. Tenant notified by phone that she could not afford to keep rental. She sign a rental agreement that stated a 30 day notice prior to moving. I was given a 16 day notice. I was begged to give back deposit on the 3rd with the promise she would return and finish cleaning and remove her belongings on the 6th. She has yet to return rent was due on the 10th it is now the 21st, have finished cleaning and doing repairs that I found while removing her stuff. Changed locks on the 11th and removed rest of personal belongings. She called me on the 12th and I informed her of a 150.00 fee that she could look at as a storage fee or repair and cleaning fee. She says she is going to contact a lawyer. It's now the 21st and have yet to hear from a lawyer or the tenant. Question is does she have a legal leg to stand on and what can I do legally with the stuff she left behind.
  • 02-22-2009, 01:24 PM
    jeanguy84
    Re: Tenant's Property Left After Termination of Lease
    Did you agree to the early move out?

    If not, your lease with your tenant is still binding. By changing the locks on the doors, you have done what is called a lock-out. This is illegal. (Even moving her property is a big no!)

    To protect yourself, you should start the eviction process for non-payment of rent. Once you win the eviction, the tenant will have 10 days to collect their belongings. They have to arrange a time to pick up their belongings. After 10 days, you can do whatever you want with their property.

    You can also deduct rent from their security deposit. However, you still must provide the tenant with a list of charges within 30 days of their moveout (or eviction date) and provide a refund (if any). You can deduct these charges from their deposit.

    If you do go about evicting your tenant, do not accept any rent money from them. If you do, they can argue that you waived the breach of contract (allow them to stay as a result.)

    I found this information online through the North Carolina Landlord-Tenant Laws. As always, speak with a lawyer before doing anything.
  • 02-23-2009, 07:45 AM
    rob2lw
    Re: Tenant's Property Left After Termination of Lease
    I did agree to the early move out. Returned 700.00 of a 750.00 deposit. She verbally agreed to finish cleaning,repairing and moving her personal property out on the 6th. She has failed to return as of yet. She was aware that I had people ready to move in. The cleaning and repairs have been done and she can get her property whenever. She was told that the 150.00 was for repairs or she could look at it as a storage fee. Also let me add when we cleaned we found a crack pipe and called sheriff. Locks weren't changed nor tenants belongings were not moved until after 10th. Rent was due on the 10th. Thanks for all your help
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