What happens if you move and leave items behind?
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Originally Posted By: bubbatime
If it sits in the parking lot unclaimed for a while, I would have it towed off the property and not worry about it any more.
^^^
If it sits in the parking lot unclaimed for a while, I would have it towed off the property and not worry about it any more.
^^^
Originally Posted By: Number21
Some of you are missing the point. Right now he cannot have his forklift back, he owes me money. Not sure how much yet. That is why I am not putting it outside. If it was outside I would bring it inside to lock it up. I have more than enough room, it is not in my way.
May we ask why he owes you money? Would it have anything to do with how he got into the property?
I mean - from a legal standpoint it is the landlord's responsibility that rental real estate is cleared of any previous tenant's property before a new tenant moves in. That's the basic premise of most the answers that have been given. If you want a different arrangement, then I don't know if anyone can really help you. Doing it by the book is supposed to be how you avoid getting sued.
Some of you are missing the point. Right now he cannot have his forklift back, he owes me money. Not sure how much yet. That is why I am not putting it outside. If it was outside I would bring it inside to lock it up. I have more than enough room, it is not in my way.
May we ask why he owes you money? Would it have anything to do with how he got into the property?
I mean - from a legal standpoint it is the landlord's responsibility that rental real estate is cleared of any previous tenant's property before a new tenant moves in. That's the basic premise of most the answers that have been given. If you want a different arrangement, then I don't know if anyone can really help you. Doing it by the book is supposed to be how you avoid getting sued.
Originally Posted By: y_p_w
May we ask why he owes you money?
Because I have stored his forklift for 3 months and I don't like his attitude.
Originally Posted By: eljefino
If you never served notice that you were charging $20 a day or whatever, you'll have a heck of a time getting it. You'd be hard pressed to charge retroactive rent.
That's fine, I'll just keep the lift. If he doesn't do what I want then I can press charges also. Honestly without a title, it would be really hard for him to prove this is even his forklift...
Once again, I am acting for the landlord. The landlord is very old and very rich. He does not care one way or the other. It does not concern him. If he needs to sign any legal papers, he will. Any money or property recovered will go to me.
May we ask why he owes you money?
Because I have stored his forklift for 3 months and I don't like his attitude.
Originally Posted By: eljefino
If you never served notice that you were charging $20 a day or whatever, you'll have a heck of a time getting it. You'd be hard pressed to charge retroactive rent.
That's fine, I'll just keep the lift. If he doesn't do what I want then I can press charges also. Honestly without a title, it would be really hard for him to prove this is even his forklift...
Once again, I am acting for the landlord. The landlord is very old and very rich. He does not care one way or the other. It does not concern him. If he needs to sign any legal papers, he will. Any money or property recovered will go to me.
Originally Posted By: Number21
Originally Posted By: y_p_w
May we ask why he owes you money?
Because I have stored his forklift for 3 months and I don't like his attitude.
Originally Posted By: eljefino
If you never served notice that you were charging $20 a day or whatever, you'll have a heck of a time getting it. You'd be hard pressed to charge retroactive rent.
That's fine, I'll just keep the lift. If he doesn't do what I want then I can press charges also. Honestly without a title, it would be really hard for him to prove this is even his forklift...
Once again, I am acting for the landlord. The landlord is very old and very rich. He does not care one way or the other. It does not concern him. If he needs to sign any legal papers, he will. Any money or property recovered will go to me.
Again - most of the recommendations to have the landlord handle are are premised on the idea that it is legally his responsibility and that any liability for something going wrong would be his. If he's letting you handle it, then the liability is shifting to you. Stuff like negligent damage to the forklift could be grounds to sue you. I wouldn't be surprised if the previous tenant had people who know of this specific forklift (esp employees) and could vouch that it was his. The key is that it does have to be done by the book to be defensible. In most states the requirement would be to send a notice and give 15/20/30 days, at which time the landlord could sell to recoup for cleaning costs or unpaid rent as well as reasonable storage fees. Some state laws say that if the value of the sale is more than expenses that the excess must be returned to the previous tenant, or in other states the value given to the state.
If you want to press charges for breaking into your business, then that would also seem to be legally defensible.
I do know that when property left after a tenant moves out needs to be stored, a typical storage rate can be charged. I'd find out what size space would accommodate this forklift at a local self-store
Originally Posted By: y_p_w
May we ask why he owes you money?
Because I have stored his forklift for 3 months and I don't like his attitude.
Originally Posted By: eljefino
If you never served notice that you were charging $20 a day or whatever, you'll have a heck of a time getting it. You'd be hard pressed to charge retroactive rent.
That's fine, I'll just keep the lift. If he doesn't do what I want then I can press charges also. Honestly without a title, it would be really hard for him to prove this is even his forklift...
Once again, I am acting for the landlord. The landlord is very old and very rich. He does not care one way or the other. It does not concern him. If he needs to sign any legal papers, he will. Any money or property recovered will go to me.
Again - most of the recommendations to have the landlord handle are are premised on the idea that it is legally his responsibility and that any liability for something going wrong would be his. If he's letting you handle it, then the liability is shifting to you. Stuff like negligent damage to the forklift could be grounds to sue you. I wouldn't be surprised if the previous tenant had people who know of this specific forklift (esp employees) and could vouch that it was his. The key is that it does have to be done by the book to be defensible. In most states the requirement would be to send a notice and give 15/20/30 days, at which time the landlord could sell to recoup for cleaning costs or unpaid rent as well as reasonable storage fees. Some state laws say that if the value of the sale is more than expenses that the excess must be returned to the previous tenant, or in other states the value given to the state.
If you want to press charges for breaking into your business, then that would also seem to be legally defensible.
I do know that when property left after a tenant moves out needs to be stored, a typical storage rate can be charged. I'd find out what size space would accommodate this forklift at a local self-store
Originally Posted By: eljefino
If you never served notice that you were charging $20 a day or whatever, you'll have a heck of a time getting it. You'd be hard pressed to charge retroactive rent.
Know when to hold 'em, know when to fold 'em.
Exactly, he had to be notified in writing first. If I were you, I'd write him now, give him the time limit the law allows to pick it and be done with him. Trying to collect retroactive money w/o proper notification isn't going to fly. Besides you don't know what kind of nut job you're dealing with. Piz him off enough and it can escalate into a nightmare you might not want to get involved with.
If you never served notice that you were charging $20 a day or whatever, you'll have a heck of a time getting it. You'd be hard pressed to charge retroactive rent.
Know when to hold 'em, know when to fold 'em.
Exactly, he had to be notified in writing first. If I were you, I'd write him now, give him the time limit the law allows to pick it and be done with him. Trying to collect retroactive money w/o proper notification isn't going to fly. Besides you don't know what kind of nut job you're dealing with. Piz him off enough and it can escalate into a nightmare you might not want to get involved with.
Sounds like you'll never collect a dime from this guy so don't even think about that scenario.
Do you have a use for the forklift? Since you say you have plenty of space just use it as needed.
Change the locks and consider yourself in good shape if he shows up one day, takes it away, and is out of your life. Not worth expending any other effort.
Do you have a use for the forklift? Since you say you have plenty of space just use it as needed.
Change the locks and consider yourself in good shape if he shows up one day, takes it away, and is out of your life. Not worth expending any other effort.
Originally Posted By: Number21
I just wanted to give you a little update. He broke in today and stole the forklift. The cops have been called, charges have been pressed. I probably shouldn't elaborate right now.
Can't say I am surprised!
I'm sure you will let us know what happened...after the smoke clears.
I just wanted to give you a little update. He broke in today and stole the forklift. The cops have been called, charges have been pressed. I probably shouldn't elaborate right now.
Can't say I am surprised!
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Originally Posted By: Number21
I just wanted to give you a little update. He broke in today and stole the forklift. The cops have been called, charges have been pressed. I probably shouldn't elaborate right now.
Did he damage anything to get in/ out?
Sounds like a very pleasant fellow.
I just wanted to give you a little update. He broke in today and stole the forklift. The cops have been called, charges have been pressed. I probably shouldn't elaborate right now.
Did he damage anything to get in/ out?
Sounds like a very pleasant fellow.
Originally Posted By: dlundblad
Originally Posted By: Number21
I just wanted to give you a little update. He broke in today and stole the forklift. The cops have been called, charges have been pressed. I probably shouldn't elaborate right now.
Did he damage anything to get in/ out?
Sounds like a very pleasant fellow.
I don't think technically it would be considered "stealing" if he can prove it's his own property. However, the means taken to retrieve it would seem to be the illegal part. What could be charged? Maybe breaking and entering or at the very least trespassing.
Seriously though - I would have passed this on to the landlord to handle. Now he's going to be talking to law enforcement and might even need to show up in court to testify.
Guy sounds like a real piece of work.
Originally Posted By: Number21
I just wanted to give you a little update. He broke in today and stole the forklift. The cops have been called, charges have been pressed. I probably shouldn't elaborate right now.
Did he damage anything to get in/ out?
Sounds like a very pleasant fellow.
I don't think technically it would be considered "stealing" if he can prove it's his own property. However, the means taken to retrieve it would seem to be the illegal part. What could be charged? Maybe breaking and entering or at the very least trespassing.
Seriously though - I would have passed this on to the landlord to handle. Now he's going to be talking to law enforcement and might even need to show up in court to testify.
Guy sounds like a real piece of work.
Originally Posted By: y_p_w
Originally Posted By: dlundblad
Originally Posted By: Number21
I just wanted to give you a little update. He broke in today and stole the forklift. The cops have been called, charges have been pressed. I probably shouldn't elaborate right now.
Did he damage anything to get in/ out?
Sounds like a very pleasant fellow.
I don't think technically it would be considered "stealing" if he can prove it's his own property. However, the means taken to retrieve it would seem to be the illegal part. What could be charged? Maybe breaking and entering or at the very least trespassing.
Seriously though - I would have passed this on to the landlord to handle. Now he's going to be talking to law enforcement and might even need to show up in court to testify.
Guy sounds like a real piece of work.
It depends on whether the law says he had possession of it due to abandonment. If i leave a refrigerator at a home i sell, can i break in 3- 6 months later and take it? would that no be breaking and entering AND theft?
Originally Posted By: dlundblad
Originally Posted By: Number21
I just wanted to give you a little update. He broke in today and stole the forklift. The cops have been called, charges have been pressed. I probably shouldn't elaborate right now.
Did he damage anything to get in/ out?
Sounds like a very pleasant fellow.
I don't think technically it would be considered "stealing" if he can prove it's his own property. However, the means taken to retrieve it would seem to be the illegal part. What could be charged? Maybe breaking and entering or at the very least trespassing.
Seriously though - I would have passed this on to the landlord to handle. Now he's going to be talking to law enforcement and might even need to show up in court to testify.
Guy sounds like a real piece of work.
It depends on whether the law says he had possession of it due to abandonment. If i leave a refrigerator at a home i sell, can i break in 3- 6 months later and take it? would that no be breaking and entering AND theft?
Originally Posted By: y_p_w
Originally Posted By: dlundblad
Originally Posted By: Number21
I just wanted to give you a little update. He broke in today and stole the forklift. The cops have been called, charges have been pressed. I probably shouldn't elaborate right now.
Did he damage anything to get in/ out?
Sounds like a very pleasant fellow.
I don't think technically it would be considered "stealing" if he can prove it's his own property. However, the means taken to retrieve it would seem to be the illegal part. What could be charged? Maybe breaking and entering or at the very least trespassing.
Seriously though - I would have passed this on to the landlord to handle. Now he's going to be talking to law enforcement and might even need to show up in court to testify.
Guy sounds like a real piece of work.
Offhand: burglary!
Originally Posted By: dlundblad
Originally Posted By: Number21
I just wanted to give you a little update. He broke in today and stole the forklift. The cops have been called, charges have been pressed. I probably shouldn't elaborate right now.
Did he damage anything to get in/ out?
Sounds like a very pleasant fellow.
I don't think technically it would be considered "stealing" if he can prove it's his own property. However, the means taken to retrieve it would seem to be the illegal part. What could be charged? Maybe breaking and entering or at the very least trespassing.
Seriously though - I would have passed this on to the landlord to handle. Now he's going to be talking to law enforcement and might even need to show up in court to testify.
Guy sounds like a real piece of work.
Offhand: burglary!
He came in through the loading dock, which is not sealed or locked very well, because it is behind a locked gate, which he had the code for. He cut the lock on the roll up door to remove the forklift. (A Master Magnum with boron carbide octagonal "hard cut" shackle)
They still aren't sure what they are going to charge him with, I need to speak with the police again. There are at least 3-4 crimes in there not even considering the forklift. Who owns that, I'm not sure yet...
They still aren't sure what they are going to charge him with, I need to speak with the police again. There are at least 3-4 crimes in there not even considering the forklift. Who owns that, I'm not sure yet...
Man, you need to change that gate code.
Yeah...security has been a little lax lately because we've been having a new roof installed, the only way to get up to the roof is through my stairs inside. Been lots of people in and out and it definitely needs to stop. We also had a tool battery go missing, likely one of the roofers. I never considered any of my property to be at risk with this guy, and as far as I know, he didn't break anything besides the lock.
I'm going to install an electronic lock system with RFID access - like you might find at a hotel or something. I've got way too many doors, I'm tired of walking around with 40 different keys. Ironically I bought a WIFI camera the day before, haven't put it up yet. Its got 2 way communication so I can yell at people in my shop from home!
I'm going to install an electronic lock system with RFID access - like you might find at a hotel or something. I've got way too many doors, I'm tired of walking around with 40 different keys. Ironically I bought a WIFI camera the day before, haven't put it up yet. Its got 2 way communication so I can yell at people in my shop from home!
Originally Posted By: Number21
....
My question is, what happens when you move out of a leased space and leave items for 3 months? At a minimum, he's not getting his forklift back until he pays me storage fees. At what point does the property become abandoned?
In my state in the absence of a statute, abandonment requires an actual intent by the property owner to abandon his or her property. In reading your posts, it seems to me that intent is lacking.
Since the situation has gone so far south, you would probably be well served by a consultation with a lawyer licensed to practice in your state, and familiar with these types of rental issues.
....
My question is, what happens when you move out of a leased space and leave items for 3 months? At a minimum, he's not getting his forklift back until he pays me storage fees. At what point does the property become abandoned?
In my state in the absence of a statute, abandonment requires an actual intent by the property owner to abandon his or her property. In reading your posts, it seems to me that intent is lacking.
Since the situation has gone so far south, you would probably be well served by a consultation with a lawyer licensed to practice in your state, and familiar with these types of rental issues.
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