# Tenant left some stuff behind



## ULS (9 Apr 2009)

Hey Im wondering if anyone would be able to tell me how long do I have to keep stuff for a tenant after he has left the property (without paying rent for 3 months!).  

Obviously I would like to call to his new residence and burn it at his door but Im not sure where he has moved to!!!

But seriously how long do I have to keep it for does anyone know?


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## Smashbox (9 Apr 2009)

Do you have a phone number for them? I would call/leave a message, say if they don't collect it you will be leaving it out in the garden with a sign stating 'Free to Take Away' if they don't come back to you asap to collect it.


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## ULS (9 Apr 2009)

I have been unable to contact them for the past 5 weeks everytime I called in it looked like he wasnt there, he wasnt turning on the lights, candles everywhere.  I think there is some legal period I have to hold it for though


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## Smashbox (9 Apr 2009)

You do *not* have the right to: 

Take or retain your tenants’ property – even if they haven’t paid the rent
Perhaps you need to get legal help, and ask what the correct route by law would be in this instance.


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## Cayne (9 Apr 2009)

Smashbox said:


> You do *not* have the right to:
> 
> Take or retain your tenants’ property – even if they haven’t paid the rent
> Perhaps you need to get legal help, and ask what the correct route by law would be in this instance.


 
Why would she need 'legal help'?? You always seem eager to get the solicitors in.

As regards the tennants belongings, dump it, he lost the right once he left leaving rent in arrears. The OP made effort to contact the tennant. What more can be done except get rid...


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## Smashbox (9 Apr 2009)

I just don't think that people should be hasty in their decisions, as the quote above said, you don't have the right to retain any property, I would want to know legally where I stood with this.

I'm sure the OP doesnt want to be carrying the previous tenants belongings, but he/she can't just dump them, as they said they believe there is a legal timeframe to adhere to. 

Did you not read the quote above? That is the law. It could be seen as retaining the belongings, since he/she has them in his/her possession.


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## Cayne (9 Apr 2009)

Smashbox said:


> I just don't think that people should be hasty in their decisions, as the quote above said, you don't have the right to retain any property, I would want to know legally where I stood with this.
> 
> I'm sure the OP doesnt want to be carrying the previous tenants belongings, but he/she can't just dump them, as they said they believe there is a legal timeframe to adhere to.
> 
> Did you not read the quote above? That is the law. It could be seen as retaining the belongings, since he/she has them in his/her possession.


 
He lost the right to his belongings when he high tailed it out and left 3 months rent in arrears. Since you seem to know the law can you quote where a person is legally obliged to retain and store items for a person who has left the OP in the lurch. 

Yes I can read. He didnt leave the belongings in the OPs possession, he dumped his belongings on the OP.


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## sam h (9 Apr 2009)

Someone posted this for me when I had a similar problem a few months ago:



> http://www.prtb.ie/act.htm states;
> 
> *Sections 37 and 194 - Deemed Termination of Tenancies*
> The following is a general note for guidance only and individual circumstances of particular cases may vary.
> If the tenant serves notice of intention to terminate that is not the required amount in the required manner and moves out at a time when the rent has run out, the tenancy is deemed terminated. If the tenant does not serve any notice of intention to terminate but moves out, then, at a time when the rent is 28 days in arrears, the tenancy is deemed terminated. In these circumstances the landlord is entitled to recover possession of the dwelling even if the tenant has left some belongings behind. However, the tenant remains liable to pay rent for the correct period of notice that should have been given.


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## baldyman27 (9 Apr 2009)

Cayne said:


> Why would she need 'legal help'?? You always seem eager to get the solicitors in.
> 
> As regards the tennants belongings, dump it, he lost the right once he left leaving rent in arrears. The OP made effort to contact the tennant. What more can be done except get rid...


 


Cayne said:


> He lost the right to his belongings when he high tailed it out and left 3 months rent in arrears. Since you seem to know the law can you quote where a person is legally obliged to retain and store items for a person who has left the OP in the lurch.
> 
> Yes I can read. He didnt leave the belongings in the OPs possession, he dumped his belongings on the OP.


 
Smashbox is merely giving advice in a reply to the OP's question. She is right in what she is saying, the OP could leave him/herself open to litigation if they did what you suggest. Why attack a poster for giving sound advice???


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## mercman (9 Apr 2009)

baldyman27 said:


> Smashbox is merely giving advice in a reply to the OP's question. She is right in what she is saying, the OP could leave him/herself open to litigation if they did what you suggest. Why attack a poster for giving sound advice???



The items were left there for no reason. Dump them. They could be stolen property for all we know. I cannot see litigation becoming an issue especially when the rent was left unpaid for three months. And if the OP chooses to keep the goods, he/she has a right to charge storage costs. What is the chance of this being paid. I would say NIL.


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## Smashbox (9 Apr 2009)

If the OP was to dump them, how would he/she then prove that they had kept them in their possession for x amount of time, if for instance, the tenant was to come back looking for them? 

Its very easy for people on a public forum to say dump them, but its the OP who may get into trouble over it, not any of us.


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## ULS (9 Apr 2009)

I want to do all of this right, these things seem to have a habit of coming back and biting you in the a**.  I will have to get the legal stance on this some way because I cant deal with anymore hassle with this guy.
Im just back from changing the locks and hoping he will not try to break in to get them, I have no problem in giving them back to him I just dont want him on my property again.  I made an interesting find when I was up there, his mothers address and phone number.  What mother would dread a call about their 25 year old son ripping someone off and squatting in someones property when they live less than 15 mins away.  I may make a call to her over the weekend and ruin everyones easter.


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## Smashbox (9 Apr 2009)

Good luck ULS, I hope it works out good no matter what you decided.

I'm sorry we can't be more of a help, it really seems a grey area with the law on this one. Perhaps citizens advice might be able to give you some free advice first, you should give them a call :

http://www.citizensinformation.ie/categories


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## Bronte (10 Apr 2009)

This is getting way too complicated.  Answer is what stuff, I saw no stuff.  How on earth could a tenant come after you for this.  Are we talking clothes/cd's or TV's/furniture?


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## Cayne (10 Apr 2009)

baldyman27 said:


> Smashbox is merely giving advice in a reply to the OP's question. She is right in what she is saying, the OP could leave him/herself open to litigation if they did what you suggest. Why attack a poster for giving sound advice???


 
True, apologies to Smashbox. I had a similar experience with a tennant who skipped the house leaving arrears and a skip full of rubbish behind. I didnt mean to offend Smash, just roused me when I think back to that experience.


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## Smashbox (10 Apr 2009)

I didnt mean anything to Cayne either, I just think that the OP could be bitten if the tenant comes back looking for their stuff.

Give citizens info a call, and see what they think. Personally, I would love to say to burn it, have a big bonfire and dance around it, but be sure that you wouldnt get in trouble over it.


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## S.L.F (12 Apr 2009)

ULS said:


> Hey Im wondering if anyone would be able to tell me how long do I have to keep stuff for a tenant after he has left the property (without paying rent for 3 months!).
> 
> Obviously I would like to call to his new residence and burn it at his door but Im not sure where he has moved to!!!
> 
> But seriously how long do I have to keep it for does anyone know?


 
Being a landlord myself and being in this position before myself what I do is

"Say stuff, what stuff, ye left nothing here or if you did maybe someone broke in and stole it all".

Or you could go to the PRTB and have them tell you, you can't evict them because they haven't been given proper notice.

The "going to his mother bit and asking for the 3 months rent" would be very tempting to me.


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## SlurrySlump (13 Apr 2009)

Does the stuff have to be kept "indoors" I wonder?


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## FilthyRich (13 Apr 2009)

Unless the tenant's mother signed the lease, surely she has nothing to do with this situation. Why involve her?

As for the tenant's belongings, I have no legal background but I would imagine that you would be justified in saying you assumed that the tenant had dumped them when he left them on your property- regardless of whether or not his rent was in arrears.


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## MrMan (13 Apr 2009)

What is important is how the tenancy finished. Did the tenant simply leave and not return or did op evict them with the required notice period? If it was a case of them being in arrears and then leaving then technically you have not ended the lease and if you dump their stuff and change locks you could face a bill for an illegal eviction. 

I dealt with a similar case where tenant did more or less the same thing, disappeared for over a month, had accumulated over 20 weeks arrears and when landlord got a call from a stranger saying they were going to move in, he went and changed the locks. The tenant appeared on the scene and demanded possessions which were given back. Landlord took the case to prtb, threshold took up the tenants case and said it was an illegal eviction because tenant was not given notice, even though they had upped and left for over a month with 20+weeks arrears and utilities. 
Outcome saw landlord heavily fined for 'illegal eviction' and tenant made pay arrears which basically cancelled each other out.


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## ULS (14 Apr 2009)

FilthyRich said:


> Unless the tenant's mother signed the lease, surely she has nothing to do with this situation. Why involve her?
> 
> I would involve her Filthyrich because if your child owed someone money you would like to know about it Im sure!  More importantly why should this guy get away with this, it is technically stealing and quite frankly the embarassment factor in involving his mother is priceless!  All I will do is tell her that her sweet little boy has been SQUATTING on my property and I would like him to pick up his stuff, theres nothing wrong with that?  I question your morals Filthyrich I hope you would like to know what your offspring are up to even in their 20s because if its squatting then their upbringing is an issue.
> 
> I gave the tenant 14 days to pay the rental arrears and then sent the 28 day eviction letter so the lease has ended there are no implications of illegal eviction.


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## MrMan (14 Apr 2009)

It has nothing to do with the mother, you were the one who presumably gave the ok to take on tenant, so they are your responsibility. Its a business transaction not a lecture on upbringing.


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## newyork (15 Apr 2009)

burn it, then hunt him down.


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## Smashbox (15 Apr 2009)

newyork said:


> burn it, then hunt him down.


 
Great advice there newyork


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## newyork (15 Apr 2009)

Ya not bad !!


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## Bessa (15 Apr 2009)

I had this problem some years back only difference is the tenant did not owe me rent. She moved to another part of the country, and when cleaning the house i found a bag of jumpers in a press. Jumpers had seen better days, lucky for me the bin was full so had to leave them for the collection the following week. Then i get a call from the tenant telling me that she left very expensive jumpers behind and she would be collecting them in a weeks time. I met her at the house with my witness, and handed her the jumpers.........boy was she mad that i still had her jumpers........ she threw the bag into her car in temper.   It was a ploy to get compensation from me for very expensive jumpers and i was lucky that the bin was full. So be careful what you do with tenants property.


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## FilthyRich (16 Apr 2009)

ULS said:


> I question your morals Filthyrich I hope you would like to know what your offspring are up to even in their 20s because if its squatting then their upbringing is an issue.


 
My morals are doing great, thanks for your concern. I'm not the one who is planning on ruining everyone's Easter with a phonecall. The tenant's mother has no involvement in your tenancy agreement. It's as simple as that.



ULS said:


> What mother would dread a call about their 25 year old son ripping someone off and squatting in someones property when they live less than 15 mins away. I may make a call to her over the weekend and ruin everyones easter.


 
Fair enough if you're contacting her to see if he is going to collect his bits and pieces. That's not what you said originally. You just said you may call her and ruin her Easter. And YOU'RE questioning MY morals?

For the record, I think it must be sickening to have to look after the contents of a tenant who has left you in the lurch like that. I can understand your anger. I just don't think you should take it out on the tenant's mother.


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