Q: My son leases a small condo. The lease includes a “sofa, television, television stand, table, two chairs, bed, and mattress.” He didn’t want the mattress, so the owner’s brother removed it and left behind the used bedding. Several unwanted small appliances, pans, and dishes were left in the kitchen cabinets. The condo is small and my son needs limited storage space for his belongings. Can he request that they be removed and can my son dispose of the items if the owner does not? – Jenny
A: From your question, it appears that the landlord has expressed a willingness to remove unnecessary items, so your son’s first step would be to ask that the remaining items be removed.
Items may have been left inadvertently. Or he thought your son wanted to use small appliances, frying pans and dishes.
Assuming the other party’s intentions are positive, not doing so is a good way to avoid potential conflict.
In this situation, your son is renting a partially furnished apartment, so it is reasonable to think that he may want to use other items.
That said, the lease is clear about what is included, and your son has the right to request that items be removed.
Make sure he keeps a journal of all communications to avoid memory lapses or misunderstandings later. Emails and texts are good ways to do this, but they can sometimes lead to misunderstandings, so I’m a fan of picking up the phone and discussing the issue.
After a conversation, sending an email summarizing the discussion can help avoid misunderstandings while keeping a timely record. This way your son can prove that he was told he can throw away the item if it becomes a problem later on.
If the landlord ignores your son’s request, he can take a photo of the item in his journal and then throw away the item that is clearly garbage.
The remaining items will be judgment calls against your son. Although the items were not technically included in the lease, the son accepted property with the items in the cabinet.
It’s safer to do so if he has enough space to keep them, or at least the replacement costs are high. If not, photos and diaries will help him win in case of a conflict.
(Gary M. Singer is a Florida attorney and board certified as an expert in real estate law by the Florida Bar. He is the real estate section of the Broward County Bar Association and co-hosts a weekly radio show. He frequently submits questions to various Florida companies at sunsentinel.com/askpro or on Twitter @garysingerlaw.
