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Eviction vs. Abandonment: Landlords Need to Know

Landlords get stuck with tenants' belongings more frequently than they care to admit.  Not only does the problem of getting rid of belongings create problems, doing it wrongly or under the wrong timeline can compound the problems.

There are two means by which a tenant vacates a rented property.  One is abandonment, the other is eviction.  Abandonment occurs when the tenant simply vacates the property and no longer occupies it.  Eviction occurs when the landlord takes a court action against the tenant for removal.

Critically, there are different processes and timelines a landlord must abide by for removal and storage of the tenant's possessions.  In an abandonment, the landlord may not dispose of the tenant's possessions until 28 days after the abandonment.  In an eviction, the landlord must wait 60 days, inventory the items, or use the sheriff to move the items.  The landlord must bear the upfront costs, but has the right to recover the full costs from the evicted tenant, including by selling the tenant's property.

Don't make a bad situation worse!  Make sure you're doing it right.  I can help you take care of problem tenants properly, efficiently, and without creating more problems for yourself.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.


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