Alabama Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   In Alabama the notice about a former tenant's leftover goods is the written notice Ala. Code Section 35-12A-3 requires a manufactured dwelling community owner to give before selling a tenant's abandoned manufactured dwelling. Section 35-12A-8(c) separately requires the owner to hold the tenant's other personal property for 45 days after mailing notice to the tenant or the tenant's designated agent, or delivering a copy to the last known address. The statute prints no form.

2. 2

   The procedure starts when a manufactured dwelling counts as abandoned under Section 35-12A-1(1): the tenant is absent from the premises 30 days after default, termination or expiration of the lease, or absent continuously for 30 days after service of a court order to vacate for failure to perform lease obligations. A tenant, for this chapter, is someone renting space from the community owner for a manufactured home that the tenant leases or owns.

3. 3

   Section 35-12A-5 lists six statements: a reasonably certain description of the dwelling, that it is left on the premises and considered abandoned, and that the tenant owes rental fees; that the tenant or lienholder shall make contact within 30 days of receipt to arrange removal; that the dwelling is stored on the rented space and storage fees are being assessed; a telephone number or address and the specified date for arranging removal; that the dwelling is available for removal by appointment at reasonable times; and that a sale under Section 35-12A-8 may follow if no one makes written contact by the date.

4. 4

   Delivery is by one of three methods in Section 35-12A-3: personal delivery to the tenant, certified mail to the last known mailing address, or affixing the notice on the doors of the dwelling. A copy also goes by certified or registered mail, with return receipt, to any lienholder shown in the probate judge's records for the county, the Alabama Department of Revenue, or the Secretary of State, under Section 35-12A-4.

5. 5

   After notice the owner shall store the dwelling on the rented space and keep all other abandoned personal property, inside the home or on the lot, in a place of safekeeping with reasonable care (Section 35-12A-6). The owner is entitled to reasonable or actual storage charges and costs incidental to storage or disposal, and to reasonable storage charges before surrendering the goods to the tenant or the tenant's agent.

6. 6

   Sale proceeds follow Section 35-12A-11: first the reasonable or actual cost of notice, storage and sale, unpaid rental fees to the extent of lien priority, and reasonable attorneys' fees; then property taxes and fees to the county tax collecting official; then lienholders; and any remainder to the tenant or owner with an itemized accounting. Every aspect of the sale must be commercially reasonable (Section 35-12A-10).

7. 7

   For an ordinary residential lease, Section 35-9A-423(d) states that if a tenant leaves property in the unit more than 14 days after termination under that chapter, the landlord has no duty to store or protect it. That section sets no notice, form, dollar figure or proceeds rule. Section 35-9A-423(e) adds that a property is considered abandoned if electric service has been terminated for seven consecutive days.

Alabama Requirements for Abandoned Tenant Property Notice

• Facts Showing Abandonment Under Section 35-12A-1(1)

  Record the date the tenant was first absent after default, termination or expiration of the lease, or the date a court order to vacate was served, and show 30 days have passed. Confirm the tenant rents space from the community owner for a manufactured home the tenant leases or owns, since Chapter 35-12A applies to that arrangement.

• Description of the Dwelling and the Abandonment Statement

  Section 35-12A-5(1) requires a reasonably certain description of the manufactured dwelling, a statement that it is left on the premises and considered abandoned, and a statement that the tenant owes rental fees. Use the make, year, serial or title number and the space number so a lienholder can match it to its records.

• The 30-Day Contact Statement

  The notice must state that the tenant or lienholder shall contact the manufactured dwelling community owner within 30 days of receipt of the notice to arrange for removal. Set the specified date in the notice so it gives the full 30 days from the date the notice is likely to be received.

• Storage on the Rented Space and Fees Being Assessed

  State that the dwelling is stored on the rented space and storage fees are being assessed. Under Section 35-12A-6 the other personal property must be kept in a place of safekeeping with reasonable care, and the owner may recover reasonable or actual storage charges and costs incidental to storage or disposal.

• Contact Details, Specified Date and Appointment Availability

  Give a telephone number or address for arranging removal and the specified date by which contact must be made, and state that the dwelling will be available for removal by appointment at reasonable times. A tenant who responds in writing by that date gets 45 days to remove it once charges are paid (Section 35-12A-7).

• The Sale Statement Under Section 35-12A-8

  State that if the tenant or owner fails to contact the community owner in writing by the specified date, and the dwelling is not subject to a lien with priority over the owner's, the owner may sell it as provided in Section 35-12A-8. Where a prior lien exists, Section 35-12A-13 governs the lienholder.

• Delivery to the Tenant and Copies to Lienholders

  Deliver the notice by personal delivery, certified mail to the last known mailing address, or affixing it on the doors of the dwelling (Section 35-12A-3). Send copies by certified or registered mail with return receipt to every lienholder shown in probate, Department of Revenue or Secretary of State records (Section 35-12A-4).

• The 45-Day Hold and the Proceeds Accounting

  Hold personal property 45 days after mailing or delivering notice before selling it (Section 35-12A-8(c)). Advertise a dwelling sale in a county newspaper once a week for two consecutive weeks. After a commercially reasonable sale, pay costs and eligible rent, then the county tax collecting official, then lienholders, and send the tenant the remainder with an itemized accounting.