Removing Tenant Property Could Be Illegal!

By
Real Estate Broker/Owner with Atlanta Decatur Homes

Legal Document and Gavel

What happens if a tenant who owes you money moves out of your Decatur rental property in the dead of night?

​You happen to stop by your rental property in Decatur shortly thereafter and discover an unoccupied home.  The place is in terrible condition with debris on the floor, dirty dishes in the sink and on the counters,  a filthy refrigerator with food inside.  Clothes and other items are strewn about.  The tenants also left numerous personal property items behind - some of value and some obviously trash.  Your tenants have definitely abandoned the premises and are long gone!

After you've calmed down, your first impulse might be to start clearing the property, disposing of items, and cleaning it up for the next tenants.

Before you fill up the trash cans, you may need to consider filing an Eviction Order with the Court to be safe, as there are eviction laws in most states that protect the personal property of tenants, even if it appears they have abandoned their personal property.

Once you have a Court Order giving you back possession of the rental unit, you​ can lawfully remove the tenant's belongings, according to the Georgia Landlord Tenant Handbook published by the State of Georgia Department of Community Affairs.  

If you have questions regarding the legality or eviction process, contact a qualified real estate attorney.​

Originally Published 8/2/2016 by Emory Decatur Property Management

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Rainmaker
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Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

If they left everything behind, how would you know they are not coming back for it. I agree, file the necessary paperwork to make it legal.

Aug 08, 2016 12:36 PM #1
Rainmaker
56,462
Sharon Kolb
Atlanta Decatur Homes - Atlanta, GA
Broker - Atlanta Decatur Homes

Thanks - better safe!

Aug 09, 2016 06:23 AM #2
Rainmaker
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Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

What property left behind.... (looking around) none in sight, wonder where it went. Junk becomes treasure can happen. Cover your bases.

Nov 07, 2016 07:15 PM #3
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Rainmaker
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Sharon Kolb

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