removing tenants and their property

I'm trying to get my brother and sister-in-law out of our mother's house, which I inherited. They were staying with her (for 5 years!) for free to attend to some personal business here in Maryland. They actually own their own home in another state. I gave them 3 months to move out after Mom's death, during which time they would only have to pay the utilities. During the 3rd month it became obvious they weren't going to be out on time so I delivered a written 30-day notice-to-vacate in person and via certified mail (51 days before the actual deadline). They still won't be out and have asked for an extension, which I granted (2 weeks). This time I made it abundantly clear that I would initiate eviction proceedings because 4.5 months is more than enough time to move and I can't afford to carry the mortgage on the house plus my own rent any longer. Not to pat myself on the back, but I think I've been very generous.

Knowing them as I do, I fully expect they'll be scrambling at the last minute to get out and I just KNOW they will leave behind some of their personal property, expecting me to keep it until they can fetch the stuff at their convenience (which could be YEARS!). I intend to rent the house and need their stuff completely GONE.

I assume I must give them written notice of some kind about removing their property. How long do I have to keep it for them? What can I do with it if they don't move it out in time? Can I put it in storage and charge them? What if they don't pay?

[sandyclaus]

Originally Posted by Unregistered I'm trying to get my brother and sister-in-law out of our mother's house, which I inherited. They were staying with her (for 5 years!) for free to attend to some personal business here in Maryland. They actually own their own home in another state. I gave them 3 months to move out after Mom's death, during which time they would only have to pay the utilities. During the 3rd month it became obvious they weren't going to be out on time so I delivered a written 30-day notice-to-vacate in person and via certified mail (51 days before the actual deadline). They still won't be out and have asked for an extension, which I granted (2 weeks). This time I made it abundantly clear that I would initiate eviction proceedings because 4.5 months is more than enough time to move and I can't afford to carry the mortgage on the house plus my own rent any longer. Not to pat myself on the back, but I think I've been very generous. Knowing them as I do, I fully expect they'll be scrambling at the last minute to get out and I just KNOW they will leave behind some of their personal property, expecting me to keep it until they can fetch the stuff at their convenience (which could be YEARS!). I intend to rent the house and need their stuff completely GONE. I assume I must give them written notice of some kind about removing their property. How long do I have to keep it for them? What can I do with it if they don't move it out in time? Can I put it in storage and charge them? What if they don't pay?

I reviewed Marylaw law, and it appears that after an eviction, any property left behind is considered abandoned and you are responsible for its disposal as you see fit. I found nothing obligating you to hold it or store it for the departing tenants.

Just to be safe, put a notice in writing to the brother & sister-in-law notifying them that anything left behind when they have moved out will be considered abandoned property and they will lose their right to reclaim it once they leave. Anything left behind now becomes YOUR property to do with as you wish. Toss it all in the trash, keep it, sell it, give it away - anything you choose.

If you choose, you can probably allow then some time to retrieve those items (I'd say no longer than a week, MAX), and advise them you will charge them a daily fee to store the items, demanding full payment up front before taking the items. Again, be sure that this is all in writing so that they can't try to run to the police and claim that you are withholding their property (you're not - you would simply be allowing them a grace period to reclaim what was already considered abandoned property under your notice to them - and at that moment, it became YOUR property and no longer theirs).

"A lack on planning on your part does not constitute an emergency on my part." Good words to live by in your situation. Take it to heart and proceed accordingly. You gave these family members more than adequate notice of what is to happen and when. You've been nice, and they've taken advantage. Time for their gravy train to stop. Now start setting limits and boundaries and forcing their compliance with reality.

Since there is no rental agreement, and given that your mother allowed them to live there, there really is no rental agreement between any one particular party. That said, since you inherited the property, it is now yours and if you don't want them there, you can force evict.

You inherited the property, and you can now do what you wish with it. Stop being generous. Begin eviction proceedings immediately. You are under no obligation to store their possessions. Their possessions are their responsibility alone. Not yours.

Good luck to you.

Hi, I'm the original poster and just wanted to thank both the Guest to whom I'm replying directly and sandyclaus for the quick and helpful replies.

I'll verbally notify my brother and sister-in-law immediately about getting their stuff out of the house--I need to drop off a new Notice-To-Vacate anyway--and will follow up in the next couple days with a written notice. I've already told them I have a renter moving in Feb 1 and they need to be OUT COMPLETELY, but they probably haven't given any thought to what that means exactly. I still think they are going to be running around like crazy on the last day and will expect me to keep some of their stuff for them temporarily. I will, but only for 1 week!

Anyway, thanks again.

[sandyclaus]

Originally Posted by Unregistered Hi, I'm the original poster and just wanted to thank both the Guest to whom I'm replying directly and sandyclaus for the quick and helpful replies. I'll verbally notify my brother and sister-in-law immediately about getting their stuff out of the house--I need to drop off a new Notice-To-Vacate anyway--and will follow up in the next couple days with a written notice. I've already told them I have a renter moving in Feb 1 and they need to be OUT COMPLETELY, but they probably haven't given any thought to what that means exactly. I still think they are going to be running around like crazy on the last day and will expect me to keep some of their stuff for them temporarily. I will, but only for 1 week! Anyway, thanks again.

Trust me - do nothing verbally. Put it in writing! Then should you need to follow thru with eviction or disposal of property, you will have the paper trail to reinforce your actions.

I'm in agreement with SandyClaus. Keep everything in writing. You cannot verbally force evict them anyway. You will need to get a court order.

It's apparent they are going to need this wake up call in order to finally vacate. Telling them verbally has done no good thus far, and it is time to stop with the verbal and start with written action. Verbal communication time is over.