| Your tenant vacates. You start the process of | | | | The notice must also state the deadline for the |
| turning the property around but are astounded to | | | | tenant to claim the property, which must be at |
| find that the tenant has left behind a couple of | | | | least 15 days after the tenant is served with the |
| car loads of his personal property. What do you | | | | notice (18 days if the notice is served by mail). |
| do? Short answer: Be careful. Be very, very | | | | The notice must provide the name, address, and |
| careful. The problem of seemingly abandoned | | | | telephone number of the landlord or his |
| tenant personal property occurs most commonly | | | | representative and a warning to the tenant that |
| when the tenancy has ended on less than | | | | his property will be sold at auction if not claimed. |
| favorable terms, usually eviction. In my | | | | While waiting for the 15-day period to expire, I |
| experience, tenants that leave property behind | | | | advise landlords to store the property at the |
| are the most troublesome ones and the most | | | | premises if possible. If the tenant contacts them, |
| likely to re-appear in your life. | | | | I tell the landlords to set up a time for the tenant |
| I have seen landlords and their insurance | | | | to come and get the property. When the tenant's |
| companies have to pay out big bucks to | | | | property is still at the premises, I tell clients not to |
| undeserving tenants because the landlord failed to | | | | bother trying to charge the tenant for "storage". |
| follow the correct procedure for disposing of the | | | | The reason that I tell clients to just let the tenant |
| tenants' personal property. The rickety end table | | | | have his property is because the ensuing dispute |
| and orphan left tennis shoe may look like junk. | | | | isn't worth the storage reimbursement. If the |
| And the tenant obviously didn't care much about | | | | tenant shows up to claim his property and leaves |
| it. But that won't stop the tenant from later | | | | without it, I guarantee you that the first place |
| claiming in his lawsuit that the flea market | | | | that he's going after arguing with you over |
| possessions which he left strewn about your | | | | storage charges is straight into the open arms of |
| rental property were really worth a king's ransom. | | | | the tenant attorney. |
| Follow the correct procedure and protect yourself. | | | | If the tenant has left so much property behind |
| If the tenant's property is truly junk, the law in | | | | that it can't be stored at the premises, such as |
| California where I practice allows you to keep or | | | | the case where the tenant was evicted and didn't |
| throw out any property that the landlord | | | | move anything out beforehand, then you may |
| "reasonably believes" is worth less than $300.00 | | | | have to move the property into storage. In such |
| resale. In such a case, the landlord must serve | | | | a case, the landlord is entitled to his moving and |
| the tenant with a notice, personally or by | | | | storage costs before he has to release the |
| first-class mail, stating the landlord's intention to | | | | property to the tenant. I'm more inclined in such |
| throw out the property if the tenant doesn't claim | | | | an instance to advise my client to stand on his |
| it within 15 days (18 days if service of the notice | | | | rights to reimbursement before releasing the |
| is by mail). The notice must be served on the | | | | property because of the amount of expense, |
| tenant at the tenant's last known address. I | | | | time, and trouble that the tenant has caused my |
| recommend to clients that they serve the notice | | | | client. |
| at all known addresses for the tenant, including | | | | However, if the tenant does re-appear to claim |
| work addresses and relatives' addresses written | | | | his property, I advise clients to give the tenant an |
| on the rental application. | | | | itemized list of storage and moving costs and |
| If you do elect to throw out tenant property, | | | | supporting documentation. In any case where my |
| make sure that you inventory and photograph | | | | client does release property to the tenant, I |
| the property. You must have a persuasive record | | | | recommend that the landlord have witnesses to |
| of what property you threw out should the | | | | the tenant taking back his property and, if |
| tenant come back at you later and claim that you | | | | possible, that the landlord document the event |
| threw away his valuables. | | | | with a camcorder. |
| If the tenant's property remaining on the | | | | So, what happens if the tenant does not claim his |
| premises likely exceeds $300.00 in value, the law, | | | | property within the 15 days? The property must |
| again in California for example, provides a | | | | be sold at public auction. Call an auction company. |
| procedure for getting rid of the property that you | | | | They'll come and pick-up the property. An |
| must follow strictly. First, you must serve the | | | | important point: once the auction date is set, |
| tenant with a Notice of Right To Reclaim | | | | make sure that you publish notice of the auction. |
| Abandoned Property. (I provide a form notice as | | | | Notice of the auction must be published once per |
| part of a packet of forms that I give to my to | | | | week for two weeks in a newspaper of general |
| landlord clients free of charge). | | | | circulation. If you fail to publish the notice, you are |
| You may serve this notice on the tenant either | | | | opening yourself up for liability to the tenant. |
| personally or by first-class mail to the tenant's last | | | | After the property is sold, the auction company |
| known address. To be safe, I also advise my | | | | takes its share, the landlord may be reimbursed |
| clients to serve the notice on all known addresses | | | | for all costs of storage, moving and publishing |
| of the tenant's, including relatives listed on the | | | | notice. Any balance must be paid over to the |
| rental application. You must also serve this notice | | | | tenant or, if he can't be found, to the county. |
| on any other person, besides the tenant, that you | | | | As you can see, law can be complicated on this |
| believe may be the owner of the property. | | | | point. The best advice would probably be to just |
| The notice has strict content requirements | | | | contact a lawyer if your tenant leaves behind any |
| relating to the description of the property and the | | | | substantial amount of property. If the landlord |
| place where the tenant may claim it and informing | | | | follows the procedure, he's protected from liability. |
| the tenant that he must pay the reasonable cost | | | | If not, the landlord may have to bear the cost of |
| of storing the property before he can get it back. | | | | an uninsured liability straight out of his own pocket. |