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removal of tenants belongings in her shed
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AuthorPost
OH landlord
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Joined: Wed Sep 12th, 2007
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Posts: 506
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 Posted: Mon Mar 10th, 2008 01:36 pm
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When you sent the 60 day notice to vacate, did you list that the tenant and all her belongings must be removed from the premises/property by xx/xx date?  If she moves out and returns the keys by that date, she has returned the possession of the premises to you.  You can then deal with any property left according to property abandonment laws in your state.  Try CA Civil Code 1965, and 1980 to 1991 to see what it says you must do with possessions left or abandoned at the premises after a tenant vacates.  You must usually store these for 30 more days before you can dispose of them.  I believe CA has some specific laws on these so you should read the law thoroughly. 

As for the shed,  if it is a permanent structure, then it would not belong to you since it would be considered a fixture on the property.  But I have seen these 8' x 10' wooden sheds picked up and moved on a flat bed truck and those would not be considered a fixture.  I couldn't say without seeing the building which it would be.  But I would advise the tenant if she is going to take it, that it must be removed from the property on the same date along with all its contents.

dj59
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Joined: Sun Mar 9th, 2008
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 Posted: Mon Mar 10th, 2008 02:52 am
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Hi everyone, I live in CA,  i'll try to make a long story short. I inherited a house, and the current tenant is a family member. A real troublemaker. I asked her to leave, she refused so I served her a 60 day notice. She's slowly getting some stuff out but her time is running out.

She also has a shed that she built years ago filled with all her stuff on my property. She is getting some of her other stuff from the house out, but hasnt, and doesnt look like she will touch her shed.

My questions are:

1. Do I have the right to have her remove all her property from that shed even though she built it? Its on my property, so I should have that right?

2. Since this is a messy situation for me and she is putting up a fight, what right do I have to the actual shed? can she lay claim to it since she built it, and if so could I have her remove the actual shed?

The reason I ask the second question is because the shed is made of wood and not very moveable. I feel she may purposely leave it there for that reason and thus use it as a reason to continue to access the property.

I dont want her to have ANY belongings on the property because I dont want her to be able to come onto it saying she is entitled to because she still has some stuff here (ie- the shed itself)

Thanks!

Last edited on Mon Mar 10th, 2008 02:55 am by dj59


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