once tenant gets evicted, he/she has 15 days to claim personal property back supposedly. but my tenant protested in court and make eviction invalid (court granted him after locked out because process server did not serve it right), so he won't have eviction record. But he had been locked out by sheriff and did not claim his property (not much left). In this case, do I need to give him notice of right to claim? If not, 15 days later after eviction date, can I dispose the personal belongings?

depends on the value of the items that were abandoned and the laws in your state

800 got junk?

how do I determine the value. I think it is worth less than $300, and in CA, if under $300, I can dispose as I like. But what if the deadbeat tenants protest and claim it to be >$300?

I usually use yard sale/thrift store values.

For one thing, be sure you have a document what was left behind by the tenant. Make an inventory list: state item name, number of them, and condition. Estimate value. Take some photos. That way, if you toss the stuff & tenant tries to fight it, you can always show the judge the list and the photos.

I agree with Barb. If this guy was smart enough to reverse the eviction on his public record, I would be very careful and keep accurate records: inventory, any attempted correspondence, etc.

I would think about boxing it up and sticking it in storage for a year or so, especially if it isn't that must stuff.

Keeping someone's property "in storage for a year or so" would cost me an arm & a leg, lol. State law here says you only have to keep personal property for 30 days and the tenant has to reimburse you the storage fee, plus whatever he owes you, before you have to return it.

This is a very legal question and the law is different in different states. My sincere advise will be to contact the constable office.

Just look at your states real estate department website. It will be clearly spelled out on what to do.

As an FYI, we do what Barb43 said. After the time period has lapsed, inventory, take pictures, and if less than the value that your states allows for you to dispose of...do it.

Also, the other thing that I haven't seen mentioned here is that you should keep records of every letter that you sent them attempting to notify them of their personal property and your intentions if not claimed within the time period. Not having documentation of this could burn you if it went to court after.

Good Luck
Patrick
Rents2Riches.com

I was told by a judge in NY that they consider it a "reasonable amount of time", when asking how long exactly is a "reasonable amount of time" ? He stated that would be decided by the judge if and when it went to court.....he also stated to make sure and do as others here have suggested and document and take pictures of everything otherwise you know the dead beat will be claiming they had a new flat screen tv, golf clubs etc etc ..

Have as many of his things as you can put into storage. That can be in your garage or attic. Just keep it for awhile after having done your inventory.

After that, give it to charity and get the guy's energy out of your place.