Section 17 notice on tenant that has disappeared (no new address)

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    #16
    She says she doesn’t know where he went. Meaning he’s not at the home, yet still has a lease agreement active. With out a eviction due to abandoned property in the middle of his lease, she could be held liable fir his personal property & interrupting the lease agreement if he had genuine reason for his disappearance (jail, hospitalized, ??) to cover herself legally I suggest to go through the courts of the abandoned property, especially if there’s a possibility of him hiding from her & still residing there (vacation, hiding from rent payments, etc) it’s always good to take the extra measures to handle things through the courts to evict/re-gain her rights w/ terminating his.

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      #17
      Originally posted by SunshineLaw&Ethics View Post
      it’s always good to take the extra measures to handle things through the courts to evict/re-gain her rights w/ terminating his.
      No one could dispute that.

      In this case, it's pretty clear that the tenant has attempted to surrender the tenancy, and the legal process is probably unnecessary.
      But it would be the safest and legally correct process.
      It may also be impossible, of course, because the conditions to allow valid notice from the landlord may not be present.

      I was disputing your statement relating to "the steps of having to put his personals in storage legally with a detailed description inventory with a police officer present."
      Which is nonsense.
      No one has to do that.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #18
        Your right, in this case nobody would. I was referring to if he wasn’t truly abandoned the property, and if she disposed his things during his tenancy that they will look at this as stealing, there’s always a slight chance in some cases, you could never be too sure on how things can back fire. She will avoid any of having to do that w/ his personal property left behind if she secures the fact he has already abandoned the property being the reason to evict. Kind of covering the bases in all areas w/ the one court order eviction of abandoned property. When she gains legal access to her propery back, she can immediately do what SHE needs to vs any procedures of handeling any personal property (waiting the 14 day mark after gaining her property back is usually when the inside personal property is considered “abandoned”, she won’t have to wait the 14 days for that consideration to be in effect in this case if she files all at once of all being abandoned. She can add on her reason to evict the month he hasn’t paid & get a hold of her property & dispose of anything left behind a lot quicker. & safer. I see we’re your comming from, sorry I didn’t explain in detail of what I meant. Rather be safe than sorry. (I’m not sure the whole situation, but it seems like they had a good thing going before he disappeared. Hopefully he’s not hurt in icu or something somewhere either? You never know.)

        Comment


          #19
          Originally posted by SunshineLaw&Ethics View Post
          I suggest you to 1) go through the court systems in reporting abandoned property
          There is no such process. The rest of your post makes little sense.

          Comment


            #20
            Originally posted by sunshinelaw&ethics View Post
            your right, in this case nobody would. I was referring to if he wasn’t truly abandoned the property, and if she disposed his things during his tenancy that they will look at this as stealing, there’s always a slight chance in some cases, you could never be too sure on how things can back fire. She will avoid any of having to do that w/ his personal property left behind if she secures the fact he has already abandoned the property being the reason to evict. Kind of covering the bases in all areas w/ the one court order eviction of abandoned property. When she gains legal access to her propery back, she can immediately do what she needs to vs any procedures of handeling any personal property (waiting the 14 day mark after gaining her property back is usually when the inside personal property is considered “abandoned”, she won’t have to wait the 14 days for that consideration to be in effect in this case if she files all at once of all being abandoned. She can add on her reason to evict the month he hasn’t paid & get a hold of her property & dispose of anything left behind a lot quicker. & safer. I see we’re your comming from, sorry i didn’t explain in detail of what i meant. Rather be safe than sorry. (i’m not sure the whole situation, but it seems like they had a good thing going before he disappeared. Hopefully he’s not hurt in icu or something somewhere either? You never know.)
            paragraphs please !!!!!!
            My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

            Comment


              #21
              When you file for eviction, and the reasoning for the eviction is when she will have in record reporting the tenant abandoning the property. Including the personal property the tenant may have inside. Making her in the full legal position to lease her property out once the courts file the rest of the motions, once he ignores to appeal.

              sorry for the long paragraph, I was using Siri on my phone. Thank you for the highly recommended, and correct suggestion.

              Comment


                #22
                There is no reason for eviction recorded on a section 21 eviction and abandonment is not a valid ground on a section 8 notice.
                Nor is there any benefit in recording the existence of a tenant's property on either notice.

                The appropriate procedure for dealing with property remaining after a tenant has ceded possession is guided by legislation, and, despite it appearing to be common sense, the process can't be backdated because the tenant abandoned the property and, therefore, the goods some time ago.
                The goods in question come into the possession (and care) of the landlord when they take possession of the property, prior to that they are not in the landlord's control.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment

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