Legal ?

[ferrarispider95]

I purchased an office building in Oct. or 06 and basically the previous owner did not have much interest in the building or governing what was going on. So basically tenants were just doing what they wanted.

Here is the problem, one former tenant (lawyer) was using an open office as storage for this records, file cabinets, and office furniture. He was not a tenant when I bought the building, but I found records that were dated in Nov. 2006 in that office. So basically he is continuing to use the building.

I asked him the first of Dec. to move out his property as we were renovating the offices for new tenants. He said no problem, but after repeated phone calls and even a visit - it still has not happened. He dodges my calls as best as he can, but for some reason he will not move his property. I actually ended up moving his stuff out into a common area, because I rented the office he was in.

So what do I need to do legally to get this guy out? Do I go ahead and send a written notice with "signature required" through the Post Office? How long do I have to give him to remove the property? If he fails to meet the deadline, do I haul it to the dump and charge a fee or do I just leave it and start charging rent?

Any input is appreciated? Thanks

[Dr. Johnny Fever]

I'm guessing that if you can afford to buy an office building, you can probably afford to get some real advice from a real lawyer.

[Phobia]

If he's not a tennant, then he abandoned his property. I don't know the law but I'm not sure he has any rights if he's vacated the property and is not under a lease agreement.

I'd certainly seek the advice of an attorney but I'm guessing you have the right to remove the property and withhold it until he pays you a reasonable rent fee for the time he continued to use your space without paying rent.

[Bwana]

Hmm? Well, I would have another scumbag err, lawyer draft a letter to get the **** out. If that doesn't work, pay a hobo $500 to wack him and hide the body.

[ferrarispider95]

It is in Kansas - I guess I was just looking for x amount of days he has to remove it after you send written notification.

He is a lawyer so I wanted to make sure I did it legally.

[Donger]

This is one of those instances where getting the advice of an attorney is most definitely the correct course of action.

[Phobia]

I'm not an attorney but I'm sending a bill for $250 an hour anyway.

[Simply Red]

HEET option.

[Bowser]

Burn his stuff. If he bitches, burn him.

[Phobia]

I was just going to suggest putting a bunch of oily rags in his space and when the place burns, send him a bill for negligence. Make sure you over-insure first. It's his fault.

FWIW, your tab is up to $500 now.

[ferrarispider95]

This is one of those instances where getting the advice of an attorney is most definitely the correct course of action.

I guess I am just cheap, try to cut corners where I can, but I guess I don't want to end up in court explaining why his property ended up at the dump.

Hiring a...
lynchman > lawyer

[Valiant]

I'm not an attorney but I'm sending a bill for $250 an hour anyway.


So the minute it took you to make two posts netted you $4 and some change.. Now go buy me a pepsi and snickers bar...

[Bowser]

So the minute it took you to make two posts netted you $4 and some change.. Now go buy me a pepsi and snickers bar...

And some mother****ing pie.

[bogie]

I was just going to suggest putting a bunch of oily rags in his space and when the place burns, send him a bill for negligence. Make sure you over-insure first. It's his fault.

FWIW, your tab is up to $500 now.

What is it with you and $500.00?

[HemiEd]

So the minute it took you to make two posts netted you $4 and some change.. Now go buy me a pepsi and snickers bar...

He used to work for $500 per year.

[Buck]

That would be really sad if his storage room flooded and got all of his files wet.

[trndobrd]

How much stuff is it? If it will fit in a truck, just load it up, take it to his new office and ask him where he wants it. If he is "in a meeting" just leave it all in the lobby.

[Skip Towne]

He used to work for $500 per year.
Except they wouldn't pay him.

[Skyy God]

See Situation #2. Same principle applies to your case.

http://www.uslandlord.com/forms/abandoned_property.html

[Skyy God]

Here's a form which presumably has the magic language (i.e. standard for disposing of abandoned property) for Kansas .

http://www.socrates.com/real-estate-forms/leases-and-landlording/Notice-of-Disposition-of-Personal-Property-KS.aspx

[The Rick]

You should just confiscate his stuff, create a web site called lawyerexposed.com and sell it all online.

[Phobia]

He used to work for $500 per year.

I'm trying to make up for my losses quickly.

[Dave Lane]

If he's not a tennant, then he abandoned his property. I don't know the law but I'm not sure he has any rights if he's vacated the property and is not under a lease agreement.

I'd certainly seek the advice of an attorney but I'm guessing you have the right to remove the property and withhold it until he pays you a reasonable rent fee for the time he continued to use your space without paying rent.


Ding we have a winner! You are correct Phil. You can hold for rent or dispose of the property if he has no lease.

Dave

[Dave Lane]

You technically don't need to give him any notice to dispose of the property. He is trespassing in your building. Plus the laws for commercial leasing are WAY easier to handle problems like that. I'd tell him $200 per week for storage unless the items are removed in 48 hours and I want the key you have.

Dave

[ferrarispider95]

Thanks, appreciate the advice from everyone.

[banyon]

If it was commercial, you can charge him storage fees, otherwise you need to report it as abandoned property if your city has such an ordinance if the property is over a certain value. You would essentially have the duties of what is called a "bailee"

If the lawyer was using the property for residential purposes, you have to publish notice in a local paper before you can sell it. The Kansas Landlord Tenant act has a lot of protections for tenants. But you can still charge storage fees of a reasonable nature (i.e, what a like facility would charge).

[HemiEd]

Except they wouldn't pay him.
Actually, I think they did, he just invested it poorly.

I'm trying to make up for my losses quickly.
You are one quick learner!

[Skip Towne]

Actually, I think they did, he just invested it poorly.


You are one quick learner!
What did he invest it in? Beer?

[trndobrd]

The legal files might be of some value. Perhaps you can call a few of the fine folks who appear in the files. I'm sure quite a few would be willing to pay a $5000 "handling fee" to ensure the records of their first divorce or criminal conviction are quickly and safely returned to them personally and not inadvertantly wind up in the hands of their spouse or employer.

[Chief Chief]

I'd toss it all in my shredder and put it in with my garbage. When the lyer..er, I mean lawyer..showed up to get his stuff, I'd tell him: "I noticed it was gone but thought you'd came by earlier and picked it all up. Would you like me to call the police so you can file a missing property report..(the following can be added if you like)..and I can file a deadbeat tenant report?"

[Hydrae]

You technically don't need to give him any notice to dispose of the property. He is trespassing in your building. Plus the laws for commercial leasing are WAY easier to handle problems like that. I'd tell him $200 per week for storage unless the items are removed in 48 hours and I want the key you have.

Dave


That in a good point. If he put papers in this place after you purchased it, he has access that he shouldn't have. Have the locks changed all around on the building, you never know who else is doing what around there.