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| landlord's personal belongings still in house... |
| Posted by: TC |
| Date: July 17, 2006 04:22:49 PM |
| We moved into a rent house that was partial furnished! I took this as maybe a couch or a table. NO, four couches, a dresser, dishes, Christmas decorations, a hope chest of personal items, a bench, a wall closet full of art supplies, chairs, a radio, a washer, a drier, a microwave, trash cans, a stove, and a refrigerator! There are two buildings in the back, one is storage and one is a "shop" or a "guest house." Both were full of the landlords belongings. She said she would come get them in June, it's now the middle of July!! In the mean time, I have no place to put MY couches, MY stove, MY washer, MY drier and MY refrigerator!!
My husband and I moved all her belongings from the "shop" to the storage building. When I told her of this, she became very upset. She said we were not to touch her belongings!! Well we are paying rent!
In my daughter's room, there is a 5 foot long hope-chest full of her belongings. With this chest in the way, I am unable to set up my daughter's crib and she is sleeping in a play pen in the living room!
I have been told by several people that the landlord can not leave her belongings in the house as though it were in storage and rent the house out. Is it true that if her belongings are still in the house, we are not legally responsible to pay rent until she is no longer using the house and outer buildings as "storage?"
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| Re: landlord's personal belongings still in house... |
| Posted by: Jess |
| Date: July 17, 2006 04:30:09 PM |
| It seems to me that you should not have to live around your landlord's belongings but I am not sure what the law states about situations like this. Good luck to you! |
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| Re: landlord's personal belongings still in house... |
| Posted by: Ed |
| Date: July 17, 2006 11:03:03 PM |
| What does the lease say about the house - furnished, partially, or something else? When you did a walk through at the beginning of your lease to note the condition, what furnished property was listed? What did the lease say with respect to whether you would have use of the sorage unit and shop? What did the LL say before you moved in as to when they would move their stuff? If nothing is in writing, I would continue to move things out to the storage unit and tell the LL she should come get it. |
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| Re: landlord's personal belongings still in house... |
| Posted by: Ralph |
| Date: July 18, 2006 12:26:29 AM |
| Good points by Ed.
Did you not view the property before signing the lease?
One should never rent a property without having every important issue covered in writing. This would have included the date by which she would have everything renewed and what would happen or what you could do if she failed to do so. Oral agreements are subject to dispute due to either misunderstandings or intentional distortion. There should have also been an inventory of items involved. One reason for an inventory is to avoid her claiming something is missing that was never even there.
I would caution you that you may be responsible for the security of her property. You could be liable for damage (leaking storage shed) or disappearance (theft) of any items. Even though you may win in court regarding this issue, it might be costly and would certainly affect the landlord-tenant relationship.
There is no law to prohibit what a landlord can leave on the property. This is only limited by mutual agreement between tenant and landlord.
"Partially furnished can mean anything from a few items, as you assumed, to everything including pictures on the walls and dishes in the kitchen cupboard, but with a few (maybe only one) necessary items missing (e.g., bed and/or kitchen table).
What you can do depends mostly on the terms of your lease agreement. If you post some information about the lease, more help may be forthcoming. |
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| Re: landlord's personal belongings still in house... |
| Posted by: Tami |
| Date: August 03, 2006 01:11:06 PM |
| I went and looked at the lease... here's what it states...
PREMISES: Landlord hereby leases the Premises located at: __my address is here___(complete address of Premises) to Tenant
POSSESSION AND SURRENDER OF PREMISES: Tenant shall be entitled to possession of the Premises on the first day of the Lease Term. At the expiration of the Lease, Tenant shall peaceably surrender the Premises to Landlord or Landlord’s agent in good condition, as it was at the commencement of the Lease, reasonable wear and tear excepted.
USE OF PREMISES: Tenant shall only use the Premises as a residence. The Premises shall not be used to carry on any type of business or trade, without prior written consent of the Landlord. Tenant will comply with all laws, rules, ordinances, statutes and orders regarding the use of the Premises
CONDITION OF PREMISES: Tenant or Tenant’s agent has inspected the Premises, the fixtures, the grounds, building and improvements and acknowledges that the Premises are in good and acceptable condition and are habitable. If at any time during the term of this Lease, in Tenant’s opinion, the conditions change; Tenant shall promptly provide reasonable notice to Landlord.
DAMAGE TO PREMISES: If the Premises or part of the Premises are damaged or destroyed by fire or other casualty not due to Tenant’s negligence, the rent will be abated during the time that the Premises are uninhabitable. If Landlord decides not to repair or rebuild the Premises, then this Lease shall terminate and the rent shall be prorated up to the time of the damage. Any unearned rent paid in advance shall be refunded to Tenant.
INDEMNIFICATION: To the extent permitted by law, Tenant will indemnify and hold Landlord and Landlord’s property, including the Premises, free and harmless from any liability for losses, claims, injury to or death of any person, including Tenant, or for damage to property arising from Tenant using and occupying the Premises or from the acts or omissions of any person or persons, including Tenant, in or about the premises with Tenant’s express or implied consent except Landlord's act or negligence
ADDITIONAL TERMS & CONDITIONS: Tenants agreed to be responsible for the maintenance of the pond and pond pump (keeping the water level so that it is 100% submersed and the filter clean). Tenants also agree to provide sufficient water for the maintenance of the grounds and agree to mow and maintain same.
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| Re: landlord's personal belongings still in house... |
| Posted by: Ed |
| Date: August 03, 2006 11:03:08 PM |
| Looks like there is no mention of the personal property. Call the LL up and ask her to remove the property within 10 days - give her a date. Follow this up with a letter indicating you are renting the property and would like the personal property removed by (insert date) and tell her if it is not removed you will move it out to the storage bldg. and whatever doesn't fit will go on th back porch for her easy removal. Ask her to call to arrange a mutually agreeable time to pick up the property.
Good luck! |
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