Can I get rid of a former tenant's belongings?

November 27, 2018 2:32 PM

Unwisely let a couple of friends move into my spare room back in January "temporarily". I finally gave them two weeks notice over a month ago, and THEY moved out - but left some stuff not really worth any value. They've not responded to contact attempts for two weeks. Can I legally toss it?

It's a (nasty) mattress, couple fans, cushions, a hat, etc. Nothing of any real value. A portable air conditioner unit that may or may not work.

The last communication I had with them was two weeks ago where they said "Still trying to find a truck". I've attempted to contact them via both FB Messenger and voicemail at least once a day since then.

She's been on FB since then (has posted at least once) but hasn't responded to my messages or voicemails.

There was no formal lease or written agreement - this was all verbal and I was "just helping friends out".

Can I legally get rid of the crap they left in my house? I'm in Texas, btw.

posted by mrbill to Law & Government (13 answers total)

If you haven't already stated a final date, do so in writing. "After many attempts to contact you to allow you to pick up your stuff, this is a final notice that you have until December 1, after which I will throw it all out".
posted by greta simone at 2:56 PM on November 27, 2018 [5 favorites]

Response by poster: I've posted and tagged them on FB and also in messaging "if you don't contact me by this weekend I will discard everything you've left here". I don't know where they're living now.
posted by mrbill at 2:57 PM on November 27, 2018

I'd email/message/post them once more, really laying the whole thing out (because if you needed to show it later to, say, a Small Claims judge, it's good to have the entire argument it one spot): You moved out of the house on DATE, I have contacted you X times to retrieve your items, which are (LIST ITEMS), you have until DATE to retrieve them or they will be disposed of. I can be reached at EMAIL/PHONE/ETC.

Just to cover your ass.
posted by BlahLaLa at 3:00 PM on November 27, 2018 [22 favorites]

There was no formal lease or written agreement - this was all verbal and I was "just helping friends out".

That it was only verbal probably doesn't matter. If they were there long enough, they're probably tenants, and your interaction with them is subject state landlord/tenant law. Look up the law; it will have provisions for disposing of possessions that may involve notification and a wait period.
posted by qxntpqbbbqxl at 3:04 PM on November 27, 2018 [12 favorites]

Even if you don't know where they are living now, write up a letter covering what greta simone said: "after x number of attempts to contact you, via Facebook, etc. I am disposing of any remaining belongings on x date." If they have forwarded their mail anywhere, it'll reach them. (Send it certified). If it shows back up at your house, keep it. Also screen shot all your attempts at contacting them on Facebook or anywhere else, and keep those copies. I think you may have to wait at least 30 days before tossing the crap. I would check out you local laws regarding this, too, just to be safe.
posted by annieb at 3:33 PM on November 27, 2018 [1 favorite]

I guess the questions are, on what level is your friendship, and how do you want your friendship to proceed from here? If they're good friends and there's no urgent need to clear the space, that would be a different scenario from acquaintances who you won't interact with on a regular basis or won't ever be back for this stuff and you need to clear out the room immediately. In the former scenario, you might give someone you really care about more time to deal with their shit. In the latter scenario, maybe now is the time to cut your losses and just get this stuff out of your life.
posted by limeonaire at 4:11 PM on November 27, 2018 [2 favorites]

Nolo Press has a page about this for Texas, and they are generally a trustworthy source for legal information, from what I understand.
posted by needs more cowbell at 7:10 PM on November 27, 2018 [2 favorites]

In California, this is a complicated question that partially hinges on the value of the goods in question (I think it's above vs below $500). I think they might legally have been tenants. Then again, you got them to leave with only two weeks notice (also wouldn't have been enough legally speaking if they're tenants) so...
posted by slidell at 7:18 PM on November 27, 2018 [1 favorite]

I wonder if might also be a good idea to include with your statement a list summarizing the possessions (maybe a photo of the room?). Like, I will be tossing the following items: [list]. You say it's mostly junk, but on the off chance they come back with saying you tossed some expensive TV or something...
posted by acidnova at 10:09 PM on November 27, 2018 [2 favorites]

I wonder if might also be a good idea to include with your statement a list summarizing the possessions

I do not think this is a good idea. If the OP sends them a clear communication saying "get your stuff by [date] or it will be tossed out," it is their responsibility to get the things they care about by the cutoff date. Doesn't matter if it's a crumpled up old newspaper or a gold ingot. All that documenting the contents of the room does is create a record that would potentially be discoverable in a legal dispute, however unlikely. With no documentation of the contents, the OP can simply say, "I dispute that there was a Fabergé egg in the room, but in any event you had a clear notice that the contents of the room would be disposed of by [date]. You neither retrieved the contents nor contacted me to request an extension of the deadline, and I therefore disposed of the contents." I would also recommend including language to the effect that "a failure to remove the contents or otherwise respond to this notice by the cutoff date shall constitute your consent to disposal." If you can figure out a valid address, it's worth a few dollars to send the letter certified mail.

Notwithstanding the foregoing, a few friends who had to be given notice to vacate after staying in OP's home "temporarily" for eleven months are unlikely to have their shit together sufficiently to cause problems over a grotty mattress and a few fans, etc.
posted by slkinsey at 7:04 AM on November 28, 2018 [3 favorites]

IANAL nor a Texas resident -- for the legal angle I defer to the link that needs more cowbell posted. While this almost certainly doesn't rise to the level of a legal tenant situation in Texas, it's still good to know the official word on how this would be handled in a proper landlord relationship.

I sympathize with your desire to get their junk out of your house, but I think that it's reasonable to let it go for a solid 30 days without contact from them before discarding their things. 30 days is a nice standard commonsense number for good reason. I definitely recommend doing an inventory of the items w/photographs as a CYA measure. You don't need to share this inventory with them, just keep it just in case they come back claiming that they left valuables behind.

Also, messaging them every single day seems a little overly aggressive. Every few days, maybe. But every day is an outsize amount of time and energy for you to be investing in something that all going to be over in a couple of weeks anyway. And no-one in the history of friendships-gone-south has suddenly moved faster because of daily nagging. (It kind of comes off as less about the practical concern and more about you venting your personal frustration at them. Your totally justified frustration! But still.)
posted by desuetude at 9:40 AM on November 28, 2018 [1 favorite]

Here in WI the landlord has to hold the belongings for a month (and maybe post a notice? It’s been a while since I had to look this up) before disposing of them after an eviction.

It’s likely your relevant laws are posted on some gov’t. website you can google for, if you really want to CYA I’d find out what they are before proceeding.
posted by catatethebird at 9:48 AM on November 28, 2018 [1 favorite]

Best answer: After three weeks, said former roommates finally contacted me, with various excuses, and are in the process of retreiving their belongings. Thanks yall.
posted by mrbill at 3:46 PM on December 4, 2018 [3 favorites]