Unexpected move by roommate

[emilyguinn23]

Jurisdiction

Kansas

I am in a difficult situation and am unsure what it is I can legally do. I had a friend lose her home May 2016. I offered her a place to stay at my apartment; in which I live with my 4 year old daughter, I am leasing. She was jobless at the time and did not pay rent the first two months living with me. I finally convinced her to apply at my work and got her a job. The next two following months she still was unable to pay her half of the rent as verbally discussed. I covered what she couldn't. If my memory serves me right the first month after being employed she gave me $100 and the next month maybe $200. The months following she was able to give her half of the rent owed. During which nothing was given for the electric bill; to which she states was due to not being shown the bill each month. At the beginning of January she had a difficult time paying rent on time. Arguments occurred and she stated during one she would just move out. After a couple days of not coming home I confronted her and asked what was going on. To which she replied that it was best she move out; this day was January 11, 2017. At this date she still had failed to pay her half of rent which resulted in a late fee of $50. She did leave cash on my coffee table for her half a couple days later, which I barely saw. Today is February 13, 2017 and she has still left her bedroom furniture in the room her was in. Which is causing me multiple issues; one important one being I can't rent out the room to anyone else. At this point, over 30 days since she told me she moved out, am I legally able to sell what is left? Not only to cover rent, late fees, clean up of room, patching/painting of the walls from multiple screws throughout the rooms, and for the electric bill she never contributed to? I would greatly appreciate any and all advice on this situation as soon as possible, before me and my daughter are homeless. Thank you.

 

[army judge]

You can't legally sell her property without doing the following:

Kansas has no law addressing abandonment/early termination fee, but if tenant abandons premises and leaves personal property, landlord may take possession of the property, store it at tenant's expense and sell or dispose of it after 30 days. See statute for required notification prior to sale and for the allowed uses of the proceeds of such sale. (§§ 58-2565(d))


Statute | Kansas State Legislature

 

[emilyguinn23]

I have as stated above had her stuff 30 days over the date she messaged me she was moving out. So I am legally able then?

 

[army judge]

I have as stated above had her stuff 30 days over the date she messaged me she was moving out. So I am legally able then?

The 30 days is but one part of the requirement.
You'll need to prove that the 30 days has elapsed, and comply with the entire law, before proceeding.
That also includes the requirement to provide NOTICE to the absconding party.
If you fail to follow the law, you open yourself up to a lawsuit by the other party.
If that happens, her $200 worth of junk could suddenly skyrocket into $20,000 of losses.
\deadbeats will claim everything from antiques, 24 gold karat jewelry, 40 carat diamond rings, expensive purses, and cash stuffed into envelopes.

You also must create a valid inventory, and take pictures of the junk.

I never advise people to sell the junk for two reasons, its generally worthless junk, and it allows the other person to concoct bigger lies.

Again, read the law in your state, and make sure you are in compliance with it 100%.

You're the one she'll come after in court, so tread carefully.

One final thought.

If I were you, I wouldn't take in any more boarders.
Ask yourself, why would a normal adult want to rent a room, foregoing privacy, to rent a room in another person's home?
Remember how eager you were to become an adult to have your own home, make your own rules, etc?
These room renters usually are deadbeats, or worse, criminals.
They tend to have poor credit, many have been evicted multiple times, meaning they are barred for decades from renting decent housing.
Some owe money to other landlords, so why do you think they won't stiff you?
You rely on the deadbeat to pay, but few ever do.
They string nice, unsuspecting people along, dropping $10, even $2 here and there.
You rely on these deadbeats, you'll end up homeless, too.
You don't know who they are, or what they are really planning to NOT do, until yoyu've been victimized.

Once bitten, twice shy.

Once bitten twice shy ==> When something or someone has hurt you once, smart people tend to avoid that thing or person forever. Once bitten, twice shy is something smarter people learn and say, which means when you have had an unpleasant experience you are much more careful to avoid similar experiences in the future.

 

[emilyguinn23]

She only has a bedroom furniture set left. And it's actually nice. Memory foam mattress with four post wooden bed and matching dresser with mirror.

 

[army judge]

She only has a bedroom furniture set left. And it's actually nice. Memory foam mattress with four post wooden bed and matching dresser with mirror.

Before you do anything, make sure you understand everything the law says you must do.
One misstep, she can end up suing you.
Also, a written inventory with supporting pictures will be of great value if she sues you.

 

[emilyguinn23]

I've taken pictures of the remaining items. I've offered to help move it and it just hasn't happened. And I've messaged her several times with no response. Thank you for the advice it's greatly appreciated. And I will make sure to do more research as well.

 

[army judge]

I've taken pictures of the remaining items. I've offered to help move it and it just hasn't happened. And I've messaged her several times with no response. Thank you for the advice it's greatly appreciated. And I will make sure to do more research as well.

What you've done might be considered polite, but doesn't meet one element of what the state requires you to do.
Its all in that link I gave you, read it.
One element is notice, and text messaging won't suffice.

From the statute:
..
The landlord (meaning YOU) may take possession of the property, store it at tenant's expense and sell or otherwise dispose of the same upon the expiration of 30 days after the landlord takes possession of the property, if at least 15 days prior to the sale or other disposition of such property the landlord shall publish once in a newspaper of general circulation in the county in which such dwelling unit is located a notice of the landlord's intention to sell or dispose of such property. Within seven days after publication, a copy of the published notice shall be mailed by the landlord to the tenant at the tenant's last known address. Such notice shall state the name of the tenant, a brief description of the property and the approximate date on which the landlord intends to sell or otherwise dispose of such property. If the foregoing requirements are met, the landlord may sell or otherwise dispose of the property without liability to the tenant or to any other person who has or claims to have an interest in such property, except as to any secured creditor who gives notice of creditor's interest in such property to the landlord prior to the sale or disposition thereof, if the landlord has no knowledge or notice that any person, other than the tenant, has or claims to have an interest in such property. During such 30 [30-day] period after the landlord takes possession of the property, and at any time prior to sale or other disposition thereof, the tenant may redeem the property upon payment to the landlord of the reasonable expenses incurred by the landlord of taking, holding and preparing the property for sale and of any amount due from the tenant to the landlord for rent or otherwise.

(e) Any proceeds from the sale or other disposition of the property as provided in subsection (d) shall be applied by the landlord in the following order:

(1) To the reasonable expenses of taking, holding, preparing for sale or disposition, giving notice and selling or disposing thereof;

(2) to the satisfaction of any amount due from the tenant to the landlord for rent or otherwise; and,

(3) the balance, if any, may be retained by the landlord, without liability to the tenant or to any other person, other than a secured creditor who gave notice of creditors interest as provided in subsection (d), for any profit made as a result of a sale or other disposition of such property.

(f) Any person who purchases or otherwise receives the property pursuant to a sale or other disposition of the property as provided under subsection (d) of this section, without knowledge that such sale or disposition is in violation of the ownership rights or security interest of a third party in the property, takes title to the property free and clear of any right, title, claim or interest of the tenant or such third party in the property.