When is property "Abandoned?"
This is a discussion on When is property "Abandoned?" within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; My state is Missouri. A little over a year ago I was forced due to family circumstances to purchase a ...
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#1 |
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Junior Member
Join Date: Sep 2008
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My state is Missouri. A little over a year ago I was forced due to family circumstances to purchase a house. I offered to let my roommate rent my basement because she wasn't able to afford to live in the house we were renting without me paying half the bills. In March of this year I noticed she wasn't at home much, but her stuff and her cat were still in my basement. In April she told me she got fired from her job and was living with her boyfriend. She offered to pay $100.00 per month to store her belongings at my house and she assured me she would come over frequently to make sure the cat was taken care of. (Her bf wouldn't let her have the cat at his house.) In July I went downstairs to do laundry and found the cat had no food or water and his litter box was disgusting. I sent her an email-she came that day to take the cat and assured me she would be back to clean up her mess, the cat's mess and to consolidate her belongings into one room of my basement. She was leaving on vacation and was returning August 1st. She was supposed to come over right after she returned home. It's now almost October and I haven't heard from her since that day.
I couldn't stand it anymore. I took 'Before' Pictures of everything, put on gloves and a face mask and cleaned the mess in the basement. I need to know legally where I stand. How to I collect money owed for storage? How long do I have to keep her stuff before it's considered abandoned? Can I hold her property until the money owed is paid? Thanks- Mary |
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#2 |
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Mary, Read through MO Revised Statute 441.065 to see how long you have to keep this abandoned property. For your own protection, I would send a certified letter to the old roommate telling her she has abandoned these items and that you will only keep them for xx days (whatever your state law says - usually 30 days). Let her know she must pick up these belongings within that time or they will be disposed of. Also, check to see if you can charge her for storage of these items for the period since she has left. Send the letter to her certified, return receipt requested, and keep a copy for yourself (and the postcard that comes back) to prove she was notified to come get her things. You should not have to store her things indefinately. You shyould also be able to charge her for cleaning since tenants are responsible for returning their units in the same condition as when they received them. If you have a deposit from her, subtract these fees from it, send an itemized statement saying what you subtracted and return the rest to her within 30 days after she removes her belongings or you dispose of them.
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