Can I sell roommate's leftover things to cover utilities he owe?

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Julieest

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My lease ended at the end of June.
My roommate moved out, but I decided to stay.
But he failed to pay for 2 month utilities, and left some random things at my apt. (microwave, water filter machine)
He now refuses to pay for these utilities.
I was wondering, because the lease has ended, and I paid in full for this apartment, he would have no right to this apartment or anything in it?
I wanted to just throw the things out and accept my loss, but someone mentioned that I could sell them for collateral? I did tell him I would throw his things out if he didn't pay for utilities.
Can I legally sell them?

When he moved out he said he would pay for utilities, and I told him to make sure he takes all of his things because I have a new roommate moving in soon. Now he won't pay for utilities (2month $172), I already covered for him because utilities are in my name and I don't want to make late payments. I know that I can't force him to give me back utilities money since they're not in his name, and we did not write a roommate agreement about it. But it really pisses me off that people can get away with these things.
 
My lease ended at the end of June.
My roommate moved out, but I decided to stay.
But he failed to pay for 2 month utilities, and left some random things at my apt. (microwave, water filter machine)
He now refuses to pay for these utilities.
I was wondering, because the lease has ended, and I paid in full for this apartment, he would have no right to this apartment or anything in it?
I wanted to just throw the things out and accept my loss, but someone mentioned that I could sell them for collateral? I did tell him I would throw his things out if he didn't pay for utilities.
Can I legally sell them?

When he moved out he said he would pay for utilities, and I told him to make sure he takes all of his things because I have a new roommate moving in soon. Now he won't pay for utilities (2month $172), I already covered for him because utilities are in my name and I don't want to make late payments. I know that I can't force him to give me back utilities money since they're not in his name, and we did not write a roommate agreement about it. But it really pisses me off that people can get away with these things.


You can't dispose of your roommate's belongings.
The landlord is the one that is responsible.
He/she (the landlord) has a duty to secure the belongings.

You should contact the landlord and make sure he/she takes possession of the roommate's property.
Make sure you get an inventory of the goods.
Otherwise, your roommate could sue you!



OPTIONS FOR A LANDLORD:
WHEN A TENANT'S PERSONAL PROPERTY HAS BEEN LEFT IN THE RENTAL UNIT
October 1996

When tenants move out of a rental unit, they are required to also move their personal property. (Personal property is everything which a person can own except for land. Personal property is also referred to as personal possessions or personal belongings.) California law has three different procedures which a landlord may follow to remove and dispose of personal property left in a rental unit after a tenant has vacated. A landlord who has properly followed one of the procedures cannot be held liable for any damages related to the property.

The three procedures apply to the following three situations:

1. The tenant has requested that the property be returned.
2. It appears that the property has been abandoned.
3. It appears that the property has been lost. (The owner is unknown.)

Which procedure a landlord should follow in any particular case depends upon the situation.
Some general guidelines for all situations.

Store property safely . . .

When a tenant has left personal property in a rental unit, the landlord should safely store the property. A landlord may choose to leave the property in the rental unit. But if the unit may be rented soon, the landlord should store the property elsewhere. Wherever the landlord chooses to store the property, it must be kept in a safe place, where the property will not be damaged or stolen. In storing the property, the landlord must use reasonable care to keep it safe. If property is lost or damaged, and if the landlord did not act in a deliberate or negligent manner in storing and caring for the property, the landlord will not be liable for any storage related loss.1

Act reasonably . . .

In deciding whether or not a particular case fits into the lost property situation or the abandoned property situation, a landlord is held by the law to a certain standard. And in deciding who the property owners are or might be, the landlord is held to that same standard. The standard is: A landlord must act reasonably, and the landlord's actions must be based on a reasonable belief.

The law defines a "reasonable belief" as the actual knowledge or belief that a prudent person would have, given the facts then known by that person. Generally a landlord is not required to conduct an investigation to obtain more facts. But, if a landlord has information which indicates that an investigation would provide more facts about the identity of the property owner, and if the cost of the investigation would be reasonable in view of the probable value of the property, then the landlord should make the investigation. If an investigation should have been made but wasn't, then the landlord is held to a higher standard - the reasonableness of the landlord's actions would be judged as if the landlord had conducted an investigation and had known the facts which the investigation would have revealed.2

What all this means is that in deciding whether the property left behind is abandoned or lost, the landlord must keep in mind all of the facts that the landlord knows or ought to know about the situation. And in deciding who the property owner or owners might be, the landlord also must keep in mind all of the facts that the landlord knows or ought to know. For example, if the landlord knows that a telephone call or two, or a search of public records, would give the landlord more information about who the property owner is, and if the value of the property is significantly more than the cost of the phone calls and public records search, the landlord should make the calls and do the search.

SITUATION NO. 2: Where The Property Is Apparently Abandoned

To dispose of apparently abandoned property without risking liability for damages to the landlord, a landlord must follow the steps below. If the tenant left the unit because of a court-ordered eviction, the timing of the steps is slightly different. This difference is discussed below in the bold bracketed [ ] sections.
Steps to follow with abandoned property.

To dispose of personal possessions which apparently have been abandoned, the landlord should take the following steps:13

1. 1.a. Write a notice to the former tenant or tenants.14

[No notice is required for former tenants who were evicted under a writ of possession.15 A notice already is contained in the writ of possession form which the sheriff is required to serve upon the evicted tenant or tenants.]

2. b. Write a notice to any other person whom the landlord believes may be the owner of some or all of the abandoned property.16
The notice17 must:

3. 1) Give enough information about the property so that the possible owner can identify it.
4. 2) Tell the tenant or other possible owner receiving the notice the place where the property may be claimed.
5. 3) Give the tenant or other possible owner a deadline after which time the property cannot be claimed.

[A tenant who is evicted under a writ of possession has 15 days after the landlord takes possession of the rental unit to pay reasonable costs of storage and to take possession of items left in the rental unit.]18

6. 4) Tell the tenant or other possible owner what the landlord intends to do with any of the property which is not claimed by the deadline.
7. 5) Tell the tenant or other possible owner whether reasonable costs of storage will be charged before the property is returned.
8. 2. Deliver the notices to the tenants and other possible owners of the property.
9. 3. Meet with the tenant and other possible owners when they come to claim the property.
10. 4. If by the deadline, the tenant or other person pays the landlord any properly demanded storage costs, the landlord must release the property to the tenant or to any other person who the landlord reasonably believes to be its owner.19
11. 5. If the property is not released and if the landlord stated in his or her notice that he or she intended to sell the property at a public sale, the landlord must release the property to the former tenant if, before the actual sale, the tenant claims it and pays the reasonable costs of storage and of advertising the sale.20
12. 6. If, after the deadline, there is any property which was not claimed by the tenants or any other people notified, depending on the circumstances, the landlord must do one of two things with the remaining property:21
13. a. If the landlord reasonably believes that the property is worth less than $300, he or she may keep it, give it away, sell it or destroy it.
14. b. If the property is reasonably believed to be worth $300 or more, the landlord should arrange to have it sold at a public bidding sale after giving notice of the sale through publication. Both the landlord and the tenant have a right to bid on the property at the sale. After the property is sold, the landlord may deduct the costs of storage, advertising the sale, and conducting the sale. The remaining money must then be paid over to the county. The county can then give the money to the property owner if the owner claims the money at any time within one year after the date when the county received the money.

What should the notice say?

Under California law, the notice must contain certain information.22 Sample notices (one to a former tenant and one to a person other than a former tenant) are attached. A landlord may use this sample notice, but will have to fill in additional information, such as the description of the property, the place where the property may be claimed, and a date by which the property must be claimed. These are the legal requirements:


http://www.dca.ca.gov/publications/legal_guides/lt-5.shtml





Since it is clear that they have left, to avoid litigation, give them 18 days written notice that if they do not pick up their things at a reasonable time at a reasonable location, you will put items fo any value up for sale and use any proceeds to pay the rent owing to you and the other expenses you incurred. Run an ad on Craigslist and any other free site, sell what you can, donate and junk th rest unless they come to pick it up. You can set the location and time. you can also insist that they take everything, not just 1-2 items of value. But remember it is best to get rid of them even though you suffer another economic loss.

As to them themselves, I recommend you find a picture of them, blow it up, attach it to a pillow or other soft object, and beat the pillow up. It will get rid of some of your anger and frustration, which the legal system will not result in doing.


http://www.lawguru.com/legal-questi...roommates-belongings-moved-paying-371008436/a
 
well.. since the original lease ended, the landlord let us keep living here on a month to month lease. I understand the things you posted but we did not all move out, I still live here. I wouldn't think it is the landlord's responsibility to clean out everything since I'm still here, that would make me the only left on the lease who is still living here, and responsible for this apartment?
 
Julie_est said:
well.. since the original lease ended, the landlord let us keep living here on a month to month lease. I understand the things you posted but we did not all move out, I still live here. I wouldn't think it is the landlord's responsibility to clean out everything since I'm still here, that would make me the only left on the lease who is still living here, and responsible for this apartment?

Then, you have to do what the landlord was supposed to have done. You become a de facto land lord.

Those instructions apply to you.
If you destroy or dispose of the property, you open yourself up to some legal sanctions.

That is, if the firmer room mate objects. As soon as the stuff is destroyed, sold, or goes missing, here comes the room mate complaining and suing you.

Don't say I didn't tell you.

Personally, I can't tell you what to do.
You asked a question, I gave you an answer.


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