Landlords HELP!

[a.bentonab]

So I've been looking for a new living room set. I see the perfect set on Craigslist for a good price. I called the guy and he says that the furniture was from a renter he had who skipped out on his rent.

My father in law also rents his houses out and he's been in this situation before. I remember that he also had to jump through all kinds of hoops. Now granted, I don't know anything else about the Craigslist ad besides what I've listed. I don't know how long or if they've been in a storage facility or anything.

What obligations does the landlord have under these circumstances, and what do I need to do to cover my behind? Even if, lets say, I bought the furniture and it ends up he didn't follow some law, I would imagine I wouldn't be charged with anything. But I sure would be without living room furniture! I don't want to go there. So, what should I be asking for? To see a court order? make a copy of it? proof that the renter has been away for 90 days?

The Indiana Code that relates seems to be 32-31-4 but it is kind of confusing because all the language in it says "may" not "must." So the furniture is considered abandoned if a "reasonable person" thinks he isn't coming back for it. But then it says the owner "may" take the furniture to a court approved (the law stipulates it must be court approved) storage facility. But "may" the owner sell it? I'm confused. Please cite sources if you come up with a conclusion, as "A guy on the internet told me" usually isn't a good defense.

 

[88GT]

Abandoned is abandoned. That's how I've always dealt with the items left behind in my rental units. Unless prior arrangements/notification were made to me, preferably in writing, that any personal effects are still wanted, I consider it abandoned. Skipping on rent is usually a good indication to a "reasonable person" that the tenant has abandoned the property, if not physically, then legally. And the physical part is only a matter of time, IMO.

Items that were salvageable were. Take that however you want.

I don't see how you'd have to lose the furniture. How would the landlord know where you live....unless you plan on occupying the unit the past tenants vacated as well. If you like the furniture, buy it.

My experience is that if tenants want it, they get it out and take it with them. If it's still in the unit after they've vacated, it's abandoned.

<-------- Landlord for 10 years

 

[dagibson1507]

You wouldn't be liable for anything. If the renter were to seek damages for the list property he would have to sue the landlord.

 

[a.bentonab]

From the referenced code, this statement

(b) For purposes of this section, a tenant's personal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property.

seems to contradict this statement

IC 32-31-4-5
Sale of unclaimed property
Sec. 5. If a tenant does not claim the tenant's property within ninety (90) days after receiving notice under section 3 of this chapter, a warehouseman or storage facility may sell the property received under this chapter under IC 26-1-7-210(b).

It doesn't say that the owner may sell the property. Only a warehouseman or storage facility. In addition, a storage facility must be approved by a court.

IC 32-31-4-1.5
"Storage facility" defined
Sec. 1.5. As used in this chapter, "storage facility" means any location approved by a court for storage of a tenant's personal property under section 2(e) of this chapter.
As added by P.L.115-2007, SEC.1.

So, basically I'm not going to buy the furniture without seeing a court order. These laws are very confusing once you get into them. Isn't there a law saying the IN code must be in "plain language?" What kind of plain language is "warehouseman?"

 

[88GT]

From the referenced code, this statement

(b) For purposes of this section, a tenant's personal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property.

seems to contradict this statement

IC 32-31-4-5
Sale of unclaimed property
Sec. 5. If a tenant does not claim the tenant's property within ninety (90) days after receiving notice under section 3 of this chapter, a warehouseman or storage facility may sell the property received under this chapter under IC 26-1-7-210(b).

It doesn't say that the owner may sell the property. Only a warehouseman or storage facility. In addition, a storage facility must be approved by a court.

IC 32-31-4-1.5
"Storage facility" defined
Sec. 1.5. As used in this chapter, "storage facility" means any location approved by a court for storage of a tenant's personal property under section 2(e) of this chapter.
As added by P.L.115-2007, SEC.1.

So, basically I'm not going to buy the furniture without seeing a court order. These laws are very confusing once you get into them. Isn't there a law saying the IN code must be in "plain language?" What kind of plain language is "warehouseman?"

It doesn't say the landlord may throw the **** out either. But don't you think that happens more often than not?

Perhaps the landlord is calling them abandoned and using the proceeds of the sale to mitigate his losses. That's what I'd be telling the judge.

Just buy the dang furniture.

 

[spec4]

Another consideration is that maybe the tenant financed the furniture and stiffed the lender. If you like the furniture, I'd say buy it and move on. Be sure to get a bill of sale signed by the seller.