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My problem seems to be a little unique as i haven't seen anything like this mentioned in previous posts.
A little background, I'm 24yo, just bought a house last year (april 2013) as an investment property in NJ. I rented it out to the previous owners as i took over when they couldn't pay their mortgage, i gave them numerous breaks and trusted them like a fool. Now the tenant wants to move out by the and of March 2014 and is threatening to take all the appliances with them as they say they had paid for them when the still owned the house. I didn't mention anything pertaining to that in the lease as i had trusted them to be cordial and not petty when the move. However, after constant delay in rent and me footing the utility bills numerous times i feel that i should not show any mercy.
My question is, are they allowed to take the appliances with them? and is there anything i can do legally to prevent that from happening.
I was young and too trustworthy which was a flaw and I've since learned from that.
I would appreciate any help i can get so i know what path to take.
When you purchased the home did the agreement include the appliances? If it did and they take them then you can report them to the police for theft.
There's not much you can do to physically prevent them from taking them. I'd just show them the agreement showing the inclusion of the appliances (if included). If the agreement did not include the appliances then I don't know. Someone else will have to chime in on this.
Out of curiosity, what made you think they could afford to rent the place if they couldn't afford their mortgage?
Does your contract for purchase of the home state anything about the appliances being included? If yes, then you can easily sue them for the appliances and would likely win in court when it comes out that you bought the home with the appliances and the tenants were in place all along. It shows the appliances were present while they lived there, even though you didn't specify the appliances in the lease.
Also see if you can find MLS listing/photos that specify the appliances staying.
Also if you have to sue them, go after all unpaid utilities and unpaid rent including any late fees you have mentioned in the rent.
What did the initial sales contract state? If you bought the house and the appliances were INCLUDED in the sale then they belong to you. If. They were not included then it belongs to previous owner/current tenant.
If they belong to you I would STRONGLY suggest you send a letter stating if they take your property you will file a theft report and press charges when they get caught.
You are allowed entry as long as you give proper notice which is 24 hrs in most states. They don't have to agree and don't have to be present unless they choose.
You can tell them you are doing inspection or pre-move out inspection or whatever. You can take photos of the appliances and write down model numbers if you need this info. By law, they cannot deny you entry for this as long as you give them notice. Maybe take photos of doors, cabinets, plumbing fixtures in case they damage things out of spite. Not sure if they are of this type though.
Last edited by Ultrarunner; 03-12-2014 at 03:30 PM..
Reason: Link Cut
If you're planning on continuing to be a landlord, do start familiarizing yourself with your state landlord tenant laws (you'll probably find them linked in the first "sticky" on this forum) and also get a good lease in place. Generic leases are a good start but you should have a local real estate lawyer go through whatever you plan to use to make sure you're not forgetting anything and are in full compliance with your state laws.
If you bought the home with a proper contract then you can find it in the contract. If nothing was excluded then it is yours and in most contracts these items are incl.
Only when they are mentioned "not to convey" and spelled out then it will be the previous owners but I get the feeling you wanted to be nice and you had compassion and you are learning the hard way.
Real Estate is business and you should exclude emotions out of any deal as much as possible or you will get hurt.
Go by what is in the contract. File for eviction if they don't pay rent after giving proper notice per your State laws. Regardless of them being the previous owners or not.
Keep in mind some people are really obnoxious, bold, etc. and bully since they know you are new to it and they will take advantage of you if you give them just a little bit so strike back by knowing who is entitled to the appliances and put it in writing and file for eviction for non payment after posting the correct papers.
If you bought the home with a proper contract then you can find it in the contract. If nothing was excluded then it is yours and in most contracts these items are incl.
Only when they are mentioned "not to convey" and spelled out then it will be the previous owners but I get the feeling you wanted to be nice and you had compassion and you are learning the hard way.
Real Estate is business and you should exclude emotions out of any deal as much as possible or you will get hurt.
Go by what is in the contract. File for eviction if they don't pay rent after giving proper notice per your State laws. Regardless of them being the previous owners or not.
Keep in mind some people are really obnoxious, bold, etc. and bully since they know you are new to it and they will take advantage of you if you give them just a little bit so strike back by knowing who is entitled to the appliances and put it in writing and file for eviction for non payment after posting the correct papers.
All this, and make the next renters put the utilities in their name. !
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