Utah Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   Utah's notice that property is considered abandoned has one mandated statement and two mandated deliveries. Section 78B-6-816(2)(b)(i) requires the owner to post a copy of the notice in a conspicuous place and to send, by first class mail to the tenant's last known address, a notice that the property is considered abandoned. Both acts are required, not either one, and the 15 calendar days in (2)(b)(ii) count from the date of the notice. There is no printed form; the statute prescribes the message and the two deliveries.

2. 2

   The 15-day window is the tenant's to use on conditions. Under (2)(b)(ii) the tenant may retrieve the property within 15 calendar days from the date of the notice if the tenant tenders payment of all costs of inventory, moving and storage to the owner. Subsection (3) frames the claim as a written demand with evidence of ownership of the personal property, delivered within 15 calendar days after the notice is sent, on payment of any costs of inventory, moving and storage, and says the owner may not be liable for the loss of the property if that written demand is not received.

3. 3

   Three documents extend the clock. Subsection (7) says an owner shall give an extension for up to 15 calendar days beyond the 15 calendar day limit if the tenant provides a copy of a police report or protection order for situations of domestic violence, verification of an extended hospitalization from a verified medical provider, or a death certificate or obituary for a tenant's death, provided by an immediate family member. The word is shall, so the extension is not at the owner's discretion once one of the three is produced.

4. 4

   Sale or donation requires four things to be true at once. Under (2)(b)(iii) the property must have been in storage for at least 15 calendar days, the tenant must have made no reasonable effort to recover it after the notice was sent, the tenant must not have paid the reasonable costs of inventory, removal and storage, and no court hearing on the property may be pending. Then the owner may sell the property at a public sale and apply the proceeds toward any amount the tenant owes, or donate it to charity if the donation is a commercially reasonable alternative. Subsection (9) adds a second notice: notice of any public sale mailed to the tenant's last known address at least five calendar days before the sale.

5. 5

   Whether the tenant shows up at the sale changes what may be sold. Under (10), a tenant present at the public sale may specify the order in which the personal property is sold, the owner may sell only as much as is necessary to satisfy the amount due under the rental agreement and statutorily allowed damages, costs and fees associated with the abandoned items, and any unsold property is released to the tenant. Under (11), if the tenant is not present all items may be sold, and any surplus over the amount due to the owner is paid to the tenant if the tenant's current location is known; if not, the surplus is handled under Title 67, Chapter 4a, which (2)(c) also names for money left over from the sale.

6. 6

   Some things need not be stored at all, and one thing is not personal property. Subsection (6) relieves the owner of storing chemicals, pests, potentially dangerous or other hazardous materials; animals, including dogs, cats, fish, reptiles, rodents, birds or other pets; gas, fireworks, combustibles or anything hazardous or explosive; garbage; perishable items; and items that in storage might create a hazardous condition or a pest control issue. Under (8) those items may be properly disposed of by the owner immediately upon determination of abandonment, and the tenant may not recover for their disposal. Subsection (4) excludes a motor vehicle, as defined in Section 41-1a-102, from the section entirely.

7. 7

   The section protects the owner who follows it and preserves other rights. Subsection (5) says a tenant has no recourse for damage or loss on failing to recover abandoned property as the section requires, and (2)(d) keeps the owner's rights under Title 38, Chapter 3, Lessors' Liens, and any contractual liens intact. The section covers property left after abandonment of the premises; the statutory definition of abandonment sits in Section 78B-6-815, and whether goods left after a court order of restitution follow a different section is not addressed on this page. Attorney review is an option for either question.

Utah Requirements for Abandoned Tenant Property Notice

• Abandonment of the Premises With Property Left Behind

  Section 78B-6-816(2)(a) applies when the tenant has abandoned the premises and has left personal property on the premises. Record the facts and dates relied on for abandonment, which Section 78B-6-815 defines, and confirm that no court hearing on the property is pending, since (2)(b)(iii) makes that a condition of any sale or donation.

• The Statement That the Property Is Considered Abandoned

  The notice's required content under 78B-6-816(2)(b)(i) is that the property is considered abandoned. Add the date of the notice, where the property is stored, the 15 calendar day retrieval deadline, the costs of inventory, moving and storage to be tendered, and how to deliver a written demand with evidence of ownership under (3).

• Posting in a Conspicuous Place and First Class Mail

  Both deliveries are mandatory: post a copy of the notice in a conspicuous place and send the notice by first class mail to the tenant's last known address. Photograph the posting and keep a certificate of mailing, because the 15 calendar days run from the date of the notice and the owner's protection under (3) and (5) rests on the notice having been sent.

• Inventory, Actual Moving and Storage Costs

  The owner may remove the property from the dwelling, store it for the tenant, and recover actual moving and storage costs. Retrieval within the 15 days requires the tenant to tender all costs of inventory, moving and storage, so keep the invoices that support the figure and state it in the notice. Items on the (6) list need not be stored and may be disposed of upon determination of abandonment.

• The 15 Calendar Day Extension Grounds

  Under 78B-6-816(7) the owner shall extend the retrieval period by up to 15 calendar days when the tenant provides a copy of a police report or protection order for situations of domestic violence, verification of an extended hospitalization from a verified medical provider, or a death certificate or obituary provided by an immediate family member. Log any such document and the new deadline.

• The Written Demand With Evidence of Ownership

  Subsection (3) lets the tenant or an occupant claim the property by delivering a written demand with evidence of ownership within 15 calendar days after the notice is sent, on payment of any costs of inventory, moving and storage. Release the property on receipt of both. The owner may not be liable for the loss of the property if the written demand is not received.

• Five Calendar Days' Mailed Notice of Any Public Sale

  Before a public sale, 78B-6-816(9) requires notice of the sale to be mailed to the tenant's last known address at least five calendar days prior. Sale or donation is allowed only after at least 15 calendar days in storage, no reasonable effort by the tenant to recover the property after the notice, costs unpaid, and no pending court hearing on the property.

• The Sale Record, Surplus and Unsold Items

  Record whether the tenant attended. If present, the tenant chooses the order of sale, only enough is sold to cover the amount due under the rental agreement and allowed damages, costs and fees, and unsold items are released. If not present, all items may be sold and surplus over the amount due goes to the tenant where the current location is known, otherwise under Title 67, Chapter 4a. Proceeds are applied toward what the tenant owes.