Call him. Tell him if his shit isn't out of the apartment by this Saturday, he either a) owes you for rent for the month, because you are storing his stuff, or b) it all goes to goodwill.
If you don't hear from him by Saturday morning, call him again and reiterate.
Watch out, because it depends on laws. I live in new York, and you have to go through eviction proceedings on roommates, so an illegal lockout can get you in a lot of trouble.
Yeah this is what I'm fuzzy on. I hadn't even turned in his rental application to the landlord yet when this happened so he is not on the lease, and our verbal agreement was that he pay me September's rent before he left on his trip. I should probably get a lawyer I guess..
Could you speak with your rental company, just to let them know what's happened? In most cases, letting someone know what is going on will usually give you some grace period.
As for all of his stuff ... You're right not to sell all of his things. If he is on the lease, there isn't much you can do until he has come home. That's his apartment, too.
Though I don't think this is legal, perhaps the rental office will let him off the lease if you explain the situation. Then you'd be able to get another person in straight away to sub-lease the apartment?
I have tried to contact them but they are only in the office 3 hours a day and never answer the phone. My landlord is pretty heartless and typically won't work with me on anything, so I'm not particularly hopefuly.
He's actually not on the lease yet because it took them so long to get me the paperwork for him that I just got it back on Friday. I was going to turn it in on Monday afternoon, luckily I was thinking of dropping off my rent check that day and thought to double check my bank account balance or I may have not found out that he closed his account.
Well, in that case, I would do what others have suggested.
Ring him a few times, leave a very specific message, writing it out beforehand, if necessary. Tell him you discovered his bank account had been closed, and he needs to get in contact with you as soon as possible or you're donating his things. Wait a few days, ring him again and repeat the message, only give him a specific date he must call you back by. Again, state if he doesn't, the day after you will be donating his belongings and renting the apartment out to someone else.
Until that specific date, I would move all of his things to the corner and show the apartment to those interested. Just apologize for the mess and let them know the other tenant is in the process of moving out. (Don't tell them the specifics, as that might make them think you're drama.)
Shit, the new tenant may even be interested in some of the furniture. You could ask AFTER they've signed the lease with you. Tell them the old tenant left it in the apartment, it seems nice and ask if they want it?
Thanks, this is what I feel also. I think there is a chance that it was somehow an accident (wrote a check from the wrong checkbook, I dunno), but I feel like I have to protect myself just in case.
My boyfriend's friend is actually moving in this weekend, he wanted the apartment before but got in touch with me the day after I'd agreed to rent to this other guy. He understands the situation, is totally cool with having the extra furniture around for a couple of weeks, and even offered to be there when he picks up his things just in case, so it worked out okay for now!
Do not do this. Very rarely is this allowed and when he comes back, regardless of what he did, he can sue for the cost of all the items disposed and will almost guaranteed win.
I'm definitely not getting rid of his stuff anytime soon, especially since I don't know for sure exactly what happened. If I end up doing that at all (in the event I never hear from him again or something) I would make sure it went to either his best friend or his family for safe keeping if at all possible.
I agree that he's probably screwed you. Where in WA are you? If it's in or near the Seattle area, you should check with the landlord/tenant union. They have great info for people on rental laws and can advise you where to go from here.
That being said, last month I wrote a rent check and got a call from my landlady saying that it had bounced because the account is closed. Turned out I had written the check from what I thought was my next checkbook (I had just finished one when I wrote it) but was actually a checkbook for a 2nd checking account that I'd had through the same bank briefly but had closed. I'd never ordered checks for it but they'd sent me one checkbook as a freebie and I'd gotten it mixed with my regular checks. I'm pretty organized and together so that kind of mistake was not like me at all, but it did happen and I was in no way trying to screw my landlady.
I live in Seattle, that's good advice and I'll give them a call today!
This guy can be kind of absent minded...he's pretty young and naive and honestly I think it might have been a mistake like that but I have no way to know for sure and I feel like I have to protect myself, you know? The check from the wrong book thing was my first thought. It sucks because I feel like no matter what I do, I am kind of the bad guy unless I put myself more at risk.
depends on what the situation is reallyqueenmomcatSeptember 1 2011, 16:18:13 UTC
If you're willing to give SubTenant A the benefit of the doubt like this, then yeah, sounds like you've got things settled pretty well: another tenant with whom you're acquainted who's willing to put up with A's stuff until he returns AND be there when he does return...just one question. Is B willing to move out if it turns out A still wants the apartment? or are you willing to just dump A out into the street when he returns? Naive or no, would you be willing to trust someone to sublease your apartment if he's scatty enough to write a check from a closed account by mistake? (Doing that deliberately is another kettle of worms entirely, of course. In that case, make sure B brings several big friends and keep repeating "your check bounced. Your name is not on the lease. You have no right to be here. Here's the stuff you left here and be glad I'm not charging you storage fees."
Re: depends on what the situation is reallyyourwateryhandsSeptember 1 2011, 19:04:46 UTC
I'm not willing to let A live in the apartment after this, I'm looking at buying property in the next two years and really don't want to risk my credit. Knowing him he most likely won't want to ever talk to or see me again, which is fine with me. His parents live here in the same city and he has several friends he could stay with so he'll have somewhere to go at least!
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If you don't hear from him by Saturday morning, call him again and reiterate.
Then do it.
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Watch out, because it depends on laws. I live in new York, and you have to go through eviction proceedings on roommates, so an illegal lockout can get you in a lot of trouble.
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As for all of his stuff ... You're right not to sell all of his things. If he is on the lease, there isn't much you can do until he has come home. That's his apartment, too.
Though I don't think this is legal, perhaps the rental office will let him off the lease if you explain the situation. Then you'd be able to get another person in straight away to sub-lease the apartment?
Reply
He's actually not on the lease yet because it took them so long to get me the paperwork for him that I just got it back on Friday. I was going to turn it in on Monday afternoon, luckily I was thinking of dropping off my rent check that day and thought to double check my bank account balance or I may have not found out that he closed his account.
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Ring him a few times, leave a very specific message, writing it out beforehand, if necessary. Tell him you discovered his bank account had been closed, and he needs to get in contact with you as soon as possible or you're donating his things. Wait a few days, ring him again and repeat the message, only give him a specific date he must call you back by. Again, state if he doesn't, the day after you will be donating his belongings and renting the apartment out to someone else.
Until that specific date, I would move all of his things to the corner and show the apartment to those interested. Just apologize for the mess and let them know the other tenant is in the process of moving out. (Don't tell them the specifics, as that might make them think you're drama.)
Shit, the new tenant may even be interested in some of the furniture. You could ask AFTER they've signed the lease with you. Tell them the old tenant left it in the apartment, it seems nice and ask if they want it?
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(The comment has been removed)
My boyfriend's friend is actually moving in this weekend, he wanted the apartment before but got in touch with me the day after I'd agreed to rent to this other guy. He understands the situation, is totally cool with having the extra furniture around for a couple of weeks, and even offered to be there when he picks up his things just in case, so it worked out okay for now!
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That being said, last month I wrote a rent check and got a call from my landlady saying that it had bounced because the account is closed. Turned out I had written the check from what I thought was my next checkbook (I had just finished one when I wrote it) but was actually a checkbook for a 2nd checking account that I'd had through the same bank briefly but had closed. I'd never ordered checks for it but they'd sent me one checkbook as a freebie and I'd gotten it mixed with my regular checks. I'm pretty organized and together so that kind of mistake was not like me at all, but it did happen and I was in no way trying to screw my landlady.
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This guy can be kind of absent minded...he's pretty young and naive and honestly I think it might have been a mistake like that but I have no way to know for sure and I feel like I have to protect myself, you know? The check from the wrong book thing was my first thought. It sucks because I feel like no matter what I do, I am kind of the bad guy unless I put myself more at risk.
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