Tenant/roommate left property

[jsflowers]

Located in North Carolina.

My roommate moved out 11/30/08. Has not removed all of his property (the purpose of asking him to vacate was due to the excessive amount of stuff littering the property, which continued to grow. Several rooms in the house and the garage were not useable due to amount of items- exterior... 3 sets tires/rims, 3.5 cars, 3 boats, 2 jetskis, horse trailor, 4+ tractors, metal building pieces, trash, debri - it has been over a year).

He moved some items prior to leaving the house. I had to send a notice dated 12/18/08 that he had 7 days to remove property or I would sell it (didn't do so), he ignored me. He has moved some more items and wants till end of Jan. He just expects me to keep it for him free.

What can I do to get him to remove the property? or what can I do legally with the property? I can't afford a lawyer. It is driving me crazy - I hate clutter. I'm lucky neighbors have not filed complaints.

Read through NC General Statute 42-25.9 and 42-36.2 on abandoned property. You normally have to send a certified (rrr) letter to the ex-tenant to notify him that the property will be removed from the residence on xx/xx date. You usually have to keep property for 30 days after this letter. Some states require a certain method of disposal, or sale of the property and a special account for the proceeds of the sale. Please read these statutes to see how you must do this in your state.

I sent the 7day notice certified, hoping he would comply. I don't fully understand the statutes, I have read them. They appear to apply to evictions, the tenant left in agreement (told me he was vacating after he signed a lease).

As per 42‑4. Recovery for use and occupation.
Does this mean I can request rent for the months storage?

Your former room mate seems to have left more than $500.00 worth of property. So the reliant law that you should look at is NCGS 42-25.9(g). If you follow those procedures then you are allowed to keep a portion of the proceeds for a reasonable storage fee, but the remainder needs to be paid either to your former roommate or to the county government.

"...If the landlord elects to sell the property at public or private sale, the landlord shall give written notice to the tenant by first‑class mail to the tenant's last known address at least seven days prior to the day of the sale. The seven‑day notice of sale may run concurrently with the 10‑day period which allows the tenant to request possession of the property. The written notice shall state the date, time, and place of the sale, and that any surplus of proceeds from the sale, after payment of unpaid rents, damages, storage fees, and sale costs, shall be disbursed to the tenant, upon request, with 10 days after the sale, and will thereafter be delivered to he government of the county in which the rental property is located. Upon the tenant's request prior to the day of sale, the landlord shall release possession of the property to the tenant during regular business hours or at a time agreed upon. The landlord may apply the proceeds of the sale to the unpaid rents, damages, storage fees, and sale costs. Any surplus from the sale shall be disbursed to the tenant, upon request, within 10 days of the sale and shall thereafter be delivered to the government of the county in which the rental property is located." NCGS 42-25.9(g)