Evicition Laws & People's Personal Property

[MorganLeFey]

I think it has to go through the court everywhere, but sheesh that doesn't mean strangers off the street should be allowed to steal the items. The sheriff was there at one point but I guess he didn't care that people were basically stealing

I'm still confused as to how it works differently with private residences. I would think the law would apply to all types of rentals. The attorney at work wasn't sure why it was different either. Hmmmm

I see you're a fellow Long Islander.

by the time the sheriff shows up to evict someone in Nassau or
Suffolk, they will have been through a lengthy proceeding in court where they have been given numerous opportunities to pay the rent. this can take 2-3 months or more. they will have been served with a final order of eviction and will have been told when to expect the sheriff. if they fail to protect their possessions, they're at the mercy of the dishonest among us. unfortunate, but true.

not too long ago a pizza place in my neighborhood went out of business and was evicted. the sheriff left their ovens on the curb. fortunately no one was brazen enough to steal them.

 

[summerrluvv]

Ok...so, you don't think 2 months of free rent and storage is enough. How long should they wait to discard the persons property? What should they do with the stuff if they shouldn't discard it? If you suggest storage, who should pay for the storage? Should a landlord add additional costs to rent for the rest of the renters to cover for the possibility of this type of thing happening once a month?

The apts I worked at had brand new one bedrooms started at $430 and went to 3 bedrooms up to $875. The first apartment I lived in was $650/mo and it was a one bedroom. :O That was 12yrs ago on Kirkman Rd in Orlando.

Perhaps they could auction it off, I don't really know the solution.

Well, where I live the rent is $1700-$2100 per month. I remember my first apartment was $385 about 10 years ago! That included the heat and cable too! I think that place is up to around $500 now, which is still pretty darn cheap. That was in MI though, and not the greatest part of town but better than living with my stepmonster

 

[IwasatWDWforamonth]

My dad had to do this, his tentant had been arrested and my dad told her mom to come and get her stuff, she never did, 5 months later my dad got all the legal stuff he needed to have the right to remove her stuff, but again asked the mom to take the stuff, they came not only took what they wanted of their stuff but my dads curtains, they left their waterbed and some stuff,
so my dad has to mess with that and its going in the garbage.
When someone leaves their belongs they tie up the place that could have been rented to someone.

The sad part is that people steal stuff that doesnt belong to them.

 

[CathrynRose]

Here in Ky, it doesn't matter what type of domicile you live in--if the sherriffs dept has to evict you, all of your belongings go out into the street.

My DH used to work on the sherriffs dept, before he joined the police dept and he workind in the evictions unit.

They did it everyday.

Same way here in Chicago.

My ex-hubby was an Manager for a few major Apartment Companies - and this is exactly what was done.

That being said - as previous posters mentioned, they have a LOT of time, A LOT to get moving (pun intended). Once the eviction was completed in the courts, you were even given the Sheriff's office number to find out which exact day they'd be at your home - clearing it out.

 

[summerrluvv]

That being said - as previous posters mentioned, they have a LOT of time, A LOT to get moving (pun intended). Once the eviction was completed in the courts, you were even given the Sheriff's office number to find out which exact day they'd be at your home - clearing it out.

I know that, but it still doesn't make it right for people to steal the belongings.

Would you take belongings you saw on the street?

I guess I'm more of a compassionate person than that.

 

[Evil Queen]

I've been on the side of getting evicted and losing my stuff (many years ago-though). I had plenty of time to get my stuff, it was my own fault. I did get the most "important" stuff, but I was unable to get it all, but again I am to blame for the entire turn of events, not the landlord or anyone else.

We have big trash pick ups here 4 times a year. Most of our stuff doesn't even get picked up by the city trash trucks, because people will pick it up first. If they can use it, good for them.

If you've lost the right to live somewhere, and they must dispose of the stuff, I feel it's out there for the taking. I don't believe it's stealing, since it was thrown out because the tenant apparently didn't want it to begin with. I see no harm in it.

 

[CathrynRose]

I know that, but it still doesn't make it right for people to steal the belongings.

Would you take belongings you saw on the street?

I guess I'm more of a compassionate person than that.

*I* wouldnt do it, but we saw people doing it allllll the time.....

He worked for cheesy/shady complexes and mucho-expensive complexes and to be super honest with you -it happened *worse* at the expensive ones!! And not by people just driving by - people who lived in them.

People are vulchers.

 

[Toby'sFriend]

when I lived in apartments - most of the stuff that was put out like that had been abandoned in the apartments. The previous occupants were long gone by then and had little plans to ever come back and pick up their old couches and end tables --- I think they just considered it free cleaning.

No it isn't right for people to steal. But honestly, I don't think you can hold the Sheriff's department responsible for babysitting the tv and stereo for people who can't even be bothered to show up and make an attempt to deal with their stuff themselves.

 

[cardaway]

First of all, I wouldn't call this stealing. Certainly nobody is doing anything legally wrong by claiming something left on a street corner or sidewalk. People leave things there on purpose all the time because they want to get rid of them.

Secondly, chances are this stuff isn't that great anyway. They didn't sell it when they had the chance.

And lastly, who is to say that the people taking it are not in bigger need of it than the people who gave it up?

 

[dcgrumpy]

Since it was in the garbage maybe the people taking it thought it was thrown out by the owners.

 

[ChibiJones]

I know that, but it still doesn't make it right for people to steal the belongings.

Would you take belongings you saw on the street?

I guess I'm more of a compassionate person than that.

In our old neighborhood, people moving out would often leave stuff they didn't want on the sidewalk. It was generally understood that unattended stuff on the sidewalk was free for the taking.

If the evicted tenants didn't care enough about it to move it out during the eviction process, do you really think they're going to show up and take the stuff off the curb? I doubt it. Personally, I think its better for other people to take it and use it rather than it all ending up in a landfill.

 

[jennyl772003]

My dad had a job MANY moons ago cleaning apartments that the tenants had been evicted from. A lot of the time, the tenants would just split leaving apartments full of stuff.

If the land lord is doing things by the book, I see nothing wrong with putting it on the street, and I see nothing wrong with people taking from it. It was the tenants fault they were evicted and it is also their fault that they didn't take their things in the first place.

 

[summerrluvv]

Personally, I think its better for other people to take it and use it rather than it all ending up in a landfill.

Or it could be donated. There are many charities that would come with a large truck and pick the items up and donate them as they see fit. I'm sure a lot of the people out there didn't "need" these items, they were just being greedy and hoarding things because they were "free" and taking advantage of someone else's misfortune. I think that happens a lot these days. Sad really.

I guess I'm not the odd man out, but I think, and will continue to think, that it's wrong to be waiting there for the sheriff to leave and start taking. I digress though.

 

[Keli]

Ok, I'm not really debating the right/wrong of picking stuff up on the street. Honestly, at that point I'm sure the owner has abandoned it and it will all just sit out in the weather.

And lastly, who is to say that the people taking it are not in bigger need of it than the people who gave it up?

BUT this kind of logic eludes me. Just because I may need something more than the person who owns it doesn't give me any right to take it. In other words, whether picking up that stuff is right or wrong has NOTHING to do with who is in the greater need.

 

[lindakmonty]

I have rental property here in Ohio... I've only had to evict someone once! I had my attorney send him a notice like one month before his eviction date after he was already 2 months late, then leave another notice 3 days before, 2 days before, and 24 hrs before entering the house. He still had property. Including a vehicle. I had it towed away and the sheriff was there to witness us removing his property. At that point we could do whatever we wanted w/it. At that point he has abandoned it and it's now MINE. If I want to sell it to make up for the lost rent or whatever, that is now my business. So, yes, the get PLENTY of warning! I've had so many people try to use their deposit as rent etc... You really need to check references, do credit check etc. before renting to someone! He showed up months later looking for his car! I told him where it had been towed to and he'd have to pay the bill if he wanted it.

 

[we3disneygo]

here in the midwest-IL, i have seen in my town house and apt. evictions and all the stuff has been piled on the curb. at one apt. complex on a busy 4 lane road they brought the stuff out of the complex and piled it by the road! I used to live in a college town- Bloomington,IL and one day walking home saw a dresser out by the dumpster it was up the block from our building it had wheels on it and we wheeled it home! it was clearly a college kids trash and we needed a dresser-when we moved we gave it away to someone else who needed it.....

 

[Toby'sFriend]

Well, I think it is "sad" that the Sherrif's department in some cities has to have a division solely to be in charge of evicting non-rent payers out of living arrangements they aren't paying for when their JOB is in theory to protect citizen's against crime and danger.

Now you want them to organize themselves even further to handle donating this stuff to "proper" charities and determine exactly who is "worthy" of getting the leftover furniture and who is just being "greedy" and taking something they haven't paid for????

 

[Mom2Ashli]

We had a neighbor many years ago (in private residence) get evicted by the Bank for non-payment of their mortgage. They removed everything from the house and put it all on the front lawn. Non to nicely either.

And once in our apartment complex after I was married they cleared an apartment on the upper floor by tossing the stuff over the balcony.

 

[cardaway]

BUT this kind of logic eludes me. Just because I may need something more than the person who owns it doesn't give me any right to take it. In other words, whether picking up that stuff is right or wrong has NOTHING to do with who is in the greater need.

My comment was in response to the idea that the people taking stuff are greedy. Personally my first reaction would be that somebody has to be pretty desperate to take anything just discarded on the street and be seen taking it. IMO it's the furniture version of dumpster diving.

Of course I'm not syaing there are not greedy people. It's just that my vision of this is not a bunch of quality items on the curb nor is it the middle class guy that goes around in his truck looking for this stuff. I imagine an area filled with people who also might be having money trouble and could really need some free stuff even if it's not the best quality.

Basically a donation situation, just cutting out the middle man.

 

[summerrluvv]

My comment was in response to the idea that the people taking stuff are greedy. Personally my first reaction would be that somebody has to be pretty desperate to take anything just discarded on the street and be seen taking it. IMO it's the furniture version of dumpster diving.

Well, I don't exactly live in a poor or low class neighborhood, so I highly doubt these were needy people taking the items. Also, since they don't make it public knowledge and distribute some sort of list showing what neighborhood is going to have people's stuff thrown onto the lawn, I'm going to stand by my "greedy" statement on this one. Especially considering it was a lot of people walking there from the complex, which isn't exactly a struggling, low rent community. If you can afford to live where I live, you wouldn't be considered "needy".