Agreement stipulated lease ends March 14, 2018. Although we have had an excellent relationship with renter, he is hinting that he will not move out until the end of the month. We have sent him a certified letter to review our agreement and remind him we have construction crew entering to do extensive updating to property. If he does not remove his belongings, do we have a legal obligation to protect them? I would not throw them in the yard, but with the demo crew moving in, I cannot guarantee what might be damaged.
Kathleen- A tenant has possession of the property until they move out, voluntarily or involuntarily by eviction. Even though the lease term ends you have no right to possession until the tenant moves out. If the tenant remains in possession on March 16, your only option is eviction by court process. You may not enter , change the lock nor remove tenants possession without court order. If the tenant abandons the property for 14 days you may enter the property inventory the possessions and store them. You must publish a notice of intended disposal and mail the notice to tenants last known address. You can the sell give away or throw away the possessions. There are time frames for notice and disposal. If the tenant is evicted by court process and leaves possessions behind you publish the same notice and dispose of the possessions. All of this may delay your construction. Without publishing the notice ans waiting out the time you cannot destroy the tenants possessions.
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