Montana Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   Montana's abandoned tenant property notice is the written notice MCA 70-24-430(3) requires before stored goods are sold or destroyed. No form is printed, but the content is fixed: the property must be removed from the place of safekeeping, and at a specified time, not less than 10 days after mailing, it will be disposed of if not removed. It goes by certificate of mailing or by certified mail to the tenant's last-known address.

2. 2

   The word valueless is defined narrowly. Under subsection (1)(d)(iii) it means an item with an insubstantial resale value, and it does not include personal photos, jewelry, or other small items that are irreplaceable. Hazardous means flammable, a biohazard or otherwise capable of inflicting harm, and perishable means anything requiring refrigeration or food with a marked expiration date.

3. 3

   Where the tenancy ends other than by court order, subsection (1)(b) requires clear and convincing evidence that the tenant has abandoned all personal property left on the premises, and at least 48 hours must have elapsed since the landlord obtained that evidence. After that, the landlord may remove the property and dispose of trash and of hazardous, perishable or valueless items; everything reasonably believed valuable goes into storage and through the notice.

4. 4

   Storage comes before notice. Subsection (2) requires the landlord to inventory and store valuable property in a place of safekeeping with reasonable care. Self-storage allows a reasonable storage and labor charge plus the cost of removal to storage; a commercial storage company allows the actual storage charge plus removal. The landlord is entitled to those storage costs before the tenant may remove the property.

5. 5

   A tenant who answers in writing on or before the day named in the notice, saying the property will be removed, gets 7 days after delivery of that response. If the property is not removed by then, subsection (5) says it is conclusively presumed abandoned, whether of value or not.

6. 6

   After the notice period the landlord may sell all or part at a public or private sale, conducted under 30-9A-610 or the sheriff's sale provisions of Title 25, chapter 13, part 7, or may destroy or otherwise dispose of items whose value is so low that storage or sale would cost more. From the proceeds come the reasonable costs of notice, storage, labor and sale and any delinquent rent or damages; the remainder goes to the tenant with an itemized accounting.

7. 7

   Two further rules. Subsection (9) requires the landlord to include the terms of this section in plain and understandable language as a notification upon termination of the lease or rental agreement. And where a court order ends the tenancy, subsection (1)(a) treats the personal property as abandoned and lets the landlord dispose of it as allowed by law; the section does not say which law, so attorney review is available before relying on that clause.

Montana Requirements for Abandoned Tenant Property Notice

• Clear and Convincing Evidence, Then 48 Hours

  Where the tenancy ended other than by court order, record the evidence that the tenant abandoned all personal property left on the premises and the date and time it was obtained. MCA 70-24-430(1)(b) requires at least 48 hours to elapse after that before the property is removed.

• Photos, Jewelry and Irreplaceable Items Set Aside

  Only trash and hazardous, perishable or valueless items may be disposed of on removal. Valueless excludes personal photos, jewelry and other small irreplaceable items, so those go into storage with the rest of the valuable property.

• Lessor Confirmation for Rent-to-Own or Leased Items

  An item clearly labeled rent to own or leased may be discarded only with confirmation from the lessor that it has no lien, where the lessor can be easily identified from the label and the landlord makes a reasonable effort to contact the lessor. Record the contact and the answer.

• Inventory and a Place of Safekeeping

  Subsection (2) requires an inventory of all property reasonably believed valuable, storage in a place of safekeeping and reasonable care. Note whether you store it yourself, allowing a reasonable storage and labor charge, or in a commercial storage company at the actual charge, plus removal costs either way.

• The Statutory Statement and a Date at Least 10 Days Out

  The written notice must say the property must be removed from the place of safekeeping and that at a specified time, not less than 10 days after mailing, it will be disposed of if not removed. Give a real date and time.

• Certificate of Mailing or Certified Mail to the Last-Known Address

  Send the notice with a certificate of mailing or by certified mail to the tenant's last-known address, and keep the proof. If the tenant answers in writing by the date in the notice, diary 7 days after delivery of that response.

• Sale Method and the Low-Value Exception

  After the notice period, a public or private sale must follow 30-9A-610 or the sheriff's sale provisions of Title 25, chapter 13, part 7. Destroying or otherwise disposing of property is allowed where the landlord reasonably believes storage or sale would cost more than its reasonable value.

• Itemized Accounting and the County Treasurer

  Deduct only the reasonable costs of notice, storage, labor and sale and any delinquent rent or damages. Send the remainder to the tenant with an itemized accounting, or, if the tenant cannot be found after due diligence, deposit it with the county treasurer of the county where the sale occurred.