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Abandoned Tenant Property Notice

The notice a landlord gives a former tenant about belongings left behind. How long the tenant gets, how the notice must be delivered, any dollar threshold and where sale proceeds go are all set by your state.

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Introduction

An abandoned tenant property notice is the written notice a landlord gives a former tenant about belongings left in the rental after the tenancy has ended. It lists what was left, says where it is being held and what storage may cost, and sets the date after which the landlord may sell, donate or dispose of it. Where a state has a procedure, following it is what protects the landlord: goods sold or discarded without the notice, or before the date in it, can leave the landlord owing the tenant their value. Four things change from state to state and decide what your notice says. The number of days the tenant gets, and whether the count starts at personal delivery, at mailing or at posting. Whether goods below a set dollar value can be handled on a shorter or simpler path. Whether the statute prints a form or lists required contents. And where the money goes if the goods are sold. A few states have no statute on this at all. Select your state for the governing section, the reclaim period, any value threshold and the rule for sale proceeds.

Key Things to Know

  1. 1

    An abandoned tenant property notice is sent after the tenancy is over, not to end it. It goes to the former tenant, and often to anyone else the landlord believes owns some of the goods, and it gives them a last date to collect their things. It is a different document from a notice to vacate or anything in an eviction case, which deal with possession of the unit rather than with what was left inside it.

  2. 2

    Be sure the tenancy has actually ended before treating anything as abandoned. Statutes that define abandonment usually require more than an empty-looking unit, such as unpaid rent combined with a period of absence, a returned key, a surrender, or possession handed back by the court officer. Removing belongings while the tenant still has a right to the unit is a different and much more serious problem than a defective notice.

  3. 3

    The reclaim period is counted from the notice, so the way you deliver it changes the date. Statutes commonly allow a shorter period for a notice handed to the tenant and a longer one for a notice sent by mail, and some require mailing to more than one address. Write the actual calendar date into the notice rather than a number of days, and keep proof of when and how it went out.

  4. 4

    Value matters. Many statutes set a dollar figure, judged on the landlord's reasonable belief about resale value, below which goods can be kept, donated or thrown away instead of being sold at a public sale. Some keep personal papers, photographs and keepsakes off that faster path whatever their value. Photograph the goods and keep a written inventory, because the value judgment is the one most likely to be questioned later.

  5. 5

    Describe the goods well enough for the owner to recognize them. A locked trunk or a taped box can usually be described as such without opening it, but anything left out of the notice may fall outside the protection the statute gives the landlord. Where your state prints a form, use its wording, including any statement it requires about what will happen to the goods.

  6. 6

    Storage is the landlord's responsibility in the meantime. Expect a duty of reasonable care, a right to charge reasonable storage before releasing the goods, and in some places limits on that right, such as a short grace period with no charge, or items like clothing, work tools and identity documents that must be handed back without payment. Perishable food, animals and hazardous items are usually treated separately.

  7. 7

    If the goods are sold, the proceeds are not simply the landlord's to keep. The usual order is costs of storage and sale first, then in some states unpaid rent, and the balance goes to the former tenant, is held for a fixed period, or is paid to a public office where the tenant can claim it. Keep the sale records and the accounting, because the tenant can ask for them.

Key Decisions

The Tenancy

The Property Left Behind

Sending the Notice

Abandoned Tenant Property Notice Requirements

  • The Former Tenant's Name and Every Address You Know

    The tenant's full name as it appears on the lease, the last known address, any forwarding address, and any other address where the landlord knows the tenant might receive mail. Several statutes require the notice to go to more than one address, and some require a copy to the vacated unit itself. Collect these before drafting, because the reclaim date depends on how and where the notice goes out.

  • Anyone Else Who May Own Part of the Property

    The name and address of any person the landlord reasonably believes owns some of the goods: a roommate, a rent-to-own company, an equipment lessor, or a lender with a lien on a vehicle or home. Many procedures require notice to these owners too, sometimes on a separate form. Leaving a known owner out can remove the protection the statute otherwise gives the landlord.

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Frequently Asked Questions

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