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Tenant moved out of property but left belongings
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AuthorPost
OH landlord
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Joined: Wed Sep 12th, 2007
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 Posted: Mon Jun 9th, 2008 11:38 am
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You may want to specifically read KS Statute 58-2565 about abandoned property and see what it says.  If still in doubt (which it looks like is the case here), follow the others advice and seek counsel.

Yolanda
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Joined: Wed Mar 1st, 2006
Location: Texas USA
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 Posted: Sun Jun 8th, 2008 06:03 pm
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You have been given good advice regarding your options if this is the same property you have written about on several different posts.  Have you already filed in small claims court? Do you have a date set?  If so, they can help you with the eviction process and belongings.  Take all written correspondence you have.  If not, as LL Laura suggests, contact an attorney.  It will be in your best interest.      

LandlordLaura
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Joined: Mon Aug 21st, 2006
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 Posted: Sat Jun 7th, 2008 01:47 pm
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If you have not yet read through the Landlord Tenant Laws for the State/County/City where the rental property is located, be sure you have read through the Laws thoroughly.

I suggest that you discuss your situation with an experienced Landlord Tenant Attorney (who practices in the same State/County/City as your rental property) who can take a look at your lease agreement, 3 day notice and any other paperwork you have to verify that you have properly followed the Laws.  The Kansas Landlord Tenant Law prevents a Landlord from using "self-eviction" and there are very specific proceedures for Landlords to follow when determining if a property has been abandoned and, then, if so, how to handle the abandoned property.  You really have to be careful to be sure you protect yourself.  Unfortunately, some Tenants are well-versed on the Law and hope you make a mistake so that they can take further advantage of the situaiton...

Have you gotten anything from the Tenant in writing?  How can you prove that the Tenant returned possession of the property to you and/or legally abandoned the rental?  Verbal conversations do not provide any proof of what was discussed and/or agreed to by all parties.  It is better to get something from the Tenant in writing so that you can prove that the Tenant has legally returned possession of the property to you so that you may begin your attempts to "mitigate your damages" and find new Tenants.

Let us know what you find out...


themiddlechild
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Joined: Sun May 18th, 2008
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 Posted: Thu Jun 5th, 2008 01:48 am
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I am a landlord in Kansas.

The tenant moved out of the property after the 3-day noticed was served on 5/23. She has her things still in the garage. She is behind on 3 months rents which include the month of June. At this point, what can we do about her things? She has been telling us she is moving her things out for the last 2 weeks and still haven't done so.

With her things in the garage, we can't really clean the place up for the next tenants.
Is there anything we can do in this case?


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