Any idea on where to go from here?
We're in NC and were obviously not cut out to be landlords. Somehow, tenant got several months behind in payments, and we bought the stories. Finally gave 10 day pay or quit notice in December. Tenant stopped being reachable in early December. Checked property Jan 2, and appears to have been abandoned. Trash, kid bike, TV, some old clothing, and bed are left behind. Electricity and gas had been shut off in mid December due to non-payment.

My business partner is itching to load up all the personal property and give it to Goodwill. Is this legal? Do we need to first store the property and give proper notice? He already owes us over $4500 in back rent, plus some damages. Also, do we need to go to small claims court to legally record what he owes us? The guy is broke with bad credit, so we don't expect to see any money.

Thanks!

Any idea on where to go from here?
We're in NC and were obviously not cut out to be landlords. Somehow, tenant got several months behind in payments, and we bought the stories. Finally gave 10 day pay or quit notice in December. Tenant stopped being reachable in early December. Checked property Jan 2, and appears to have been abandoned. Trash, kid bike, TV, some old clothing, and bed are left behind. Electricity and gas had been shut off in mid December due to non-payment.

My business partner is itching to load up all the personal property and give it to Goodwill. Is this legal? Do we need to first store the property and give proper notice? He already owes us over $4500 in back rent, plus some damages. Also, do we need to go to small claims court to legally record what he owes us? The guy is broke with bad credit, so we don't expect to see any money.

Thanks!

Take pictures of everything. Send a notice to last known address (It MIGHT be forewarded) stating collect proprety or loose it. This is the link, and the statute Look at E

http://www.uslandlord.com/laws/ncstatelaw.html

42-25.9. Remedies.
*(d) If any tenant abandons personal property of five hundred dollar ($500.00) value or less in the
demised premises, or fails to remove such property at the time of execution of a writ of
possession in an action for summary ejectment, the landlord may, as an alternative to the
procedures provided in G.S. 42-25.9(g), 42-25.9(h), or 42-36.2, deliver the property into the
custody of a nonprofit organization regularly providing free or at a nominal price clothing and
household furnishings to people in need, upon that organization agreeing to identify and
separately store the property for 30 days and to release the property to the tenant at no charge
within the 30-day period. A landlord electing to use this procedure shall immediately post at the
demised premises a notice containing the name and address of the property recipient, post the
same notice for 30 days or more at the place where rent is received, and send the same notice by
first-class mail to the tenant at the tenant's last known address. Provided, however, that the notice
shall not include a description of the property.
*(e) For purposes of subsection (d), personal property shall be deemed abandoned if the landlord
finds evidence that clearly shows the premises has been voluntarily vacated after the paid rental
period has expired and the landlord has no notice of a disability that caused the vacancy. A
presumption of abandonment shall arise 10 or more days after the landlord has posted
conspicuously a notice of suspected abandonment both inside and outside the premises and has
received no response from the tenant.
*(f) Any nonprofit organization agreeing to receive personal property under subsection (d) shall
not be liable to the owner for a disposition of such property provided that the property has been
separately identified and stored for release to the owner for a period of 30 days.
*(g) Ten days after being placed in lawful possession by execution of a writ of possession, a
landlord may throw away, dispose of, or sell all items of personal property remaining on the
premises. During the 10-day period after being placed in lawful possession by execution of a writ
of possession, a landlord may move for storage purposes, but shall not throw away, dispose of, or
sell any items of personal property remaining on the premises unless otherwise provided for in this
Chapter. Upon the tenant's request prior to the expiration of the 10-day period, the landlord shall
release possession of the property to the tenant during regular business hours or at a time agreed
upon.