Old Baggage

[AWLasVegas]

We had a tenant that rented a couple units and than never paid again. New management took over and began a complete overhaul of the units. This tenants property sat unpaid for for a year before going to auction and no one bid on it. Since the cleanup is still under way (huge mess, legally and property wise left by previous management) the property is on year two of sitting before we are finally able to get someone to clean out the bank of units. Unfortunatly, the tenant has shown up offering to pay $1000.00 cash for her units (she owes well over 8k). As far as we are concerned she has no right to her property, as for her "personal items" (bills, pictures, legal docs) we are only supposed to hang on to them for a year after an auction, right?

so my question is this...when the people come to junk out the units next week, should I go ahead and ask them to separate out her personl items?

What verbiage should I use with this tenant?

Any help and advice is welcome.

[Lisa T]

Re: Old Baggage

I would have taken the $1000 cash under the condition that she emptied out the units of their entire contents. After all, she should have been auctioned after 3 months, and if you had done so, she wouldn't owe $8,000 today.....and I doubt you will get $1000 by selling the units for junk.

[BobInIndy]

Re: Old Baggage

Hi,
I agree with Lisa...take the money since it's more than you'll get from any other remedy.
You can create a separate agreement that she has to broom clean the units. While it may be difficult to enforce this if she doesn't clean out the units, it does provide a pseudo encouragement to have her leave the units available for rent.
The $8000 is really a number that doesn't correspond to what the units are currently worth, so I'd negotiate to get the most I can and $1000 seems like a lot at this stage.
(Plus you'll have to pay less to the clean out and disposal company)

[Ustore]

Re: Old Baggage

Agree, Agree Agree!!! Take the MONEY! If nothing else it will help defray the cost of the final clean up....Back to my attorney's blanket advice..."ALWAYS...Take the money and call me!" Fortunately in this case no call is necessary - just take the money!

The money owed is pie in the sky ... you'll never see it at this stage. As Lisa said, if things had been handled properly they wouldn't owe that much anyway! The sooner you can get this mess cleaned up the better off you will be to get on with making some money on this bank of units.

[AWLasVegas]

Re: Old Baggage

Thank you for you opinions. Due to historical troubles with the past management (that we are still dealing with the issues two years later :/), things were not handled as quickly as they should have been, that is agreed. New management is wary about taking the money at this point in time because of tenants sordid history (hole different discussion). Wouldn't taking the money essentially create a new contract with this person? and if she doesn't empty the units will we have to go through the lien process again? The cleaning crew is no cost to the company and will be in that bank of units next week (again, bad timing, her stuff normally would have been long gone). If we go ahead with the clean out should I advise them to pick out her "personal property"?

Again, thank you for your input.

[Lisa T]

Re: Old Baggage

Have the tenant fill out an abandonment form, stating that she will have the units cleaned out and empty by a certain date and whatever contents remain in the unit after such date, will be considered abandoned. Then if she does leave stuff behind, your cleaning crew can come get it.

If you don't accept the money and do go ahead with the cleaning crew, I would advise them to pick out the personal property...you may not be in trouble if you don't, by why take chances?

[MamaDuke]

Re: Old Baggage

You have already auctioned the space with no bid, therefore if she leaves anything behind, it is not necessary to re-lien. Taking a payment doesn't re-enter a contract, it's more like selling the contents on Craigslist or the like.

However, I would have a form signed that said something like "In return for a payment of $____ so and so has until 12/1/11 to empty out space(s) _____. Any items remaining after that date will be considered abandoned goods and will be disposed of accordingly." Signed and dated by both yourself and the customer.

And this is more than generous since it should have been cleaned out and taken to the dump the day after it didn't sell at auction!

[Superbob]

Re: Old Baggage

If the unit was legally auctioned,no bid, its yours,its in your ball park, keep the stuff or TAKE THE MONEY. So she is paying an old debt, TAKE THE MONEY, the hell with it, where is she, I'LL Take the money.............

[That Girl]

Re: Old Baggage

Superbob you crack me up (:
I agree with all the above TAKE THE MONEY!