[IMPORTANT UPDATE: The law has changed since this article was published. See article on new law regarding storing tenant property.]
Abandonment is an absolute relinquishment of a known right. The landlord must be prepared to prove abandonment with clear and convincing evidence.
In the event of such abandonment the landlord may immediately enter and take possession of any property of the tenant found on the premises and store it in any reasonably secure place.
A landlord must make reasonable efforts to provide the tenant with a notice containing the name and address of the landlord and the place where the property is stored and informing the tenant that a sale or disposition of the property will take and the date of the sale or disposal, and informing the tenant of the right to have the property returned prior to its sale or disposal. The landlord’s efforts at notice are satisfied by the mailing notice by first class mail, postage prepaid, to the tenant’s last known address and to any other address provided in writing by the tenant or actually known to the landlord where the tenant might receive the notice.
The landlord must return the property to the tenant after the tenant has paid the actual or reasonable drayage and storage costs whichever is less if the tenant makes a written request for the return of the property before the landlord has sold or disposed of the property.
After forty-five days from the date the notice of such sale or disposal is mailed or personally delivered to the tenant, the landlord may sell or dispose of such property, including personal papers, family pictures, and keepsakes. The landlord may apply any income derived therefrom against moneys due the landlord, including actual or reasonable costs whichever is less of drayage and storage of the property.
If the property has a cumulative value of fifty dollars or less, the landlord may sell or dispose, except for personal papers, family pictures, and keepsakes, after seven days from the date the notice is mailed or personally delivered to the tenant. Te landlord shall make reasonable efforts, as defined above, to notify the tenant. A bill currently in the legislature would, if passed into law, change the cumulative amount to one hundred fifty dollars.
Any excess income from the sale of such property under this section must be held by the landlord for the benefit of the tenant for a period of one year.
This quick summary is no substitute for legal advice. As always, you should consult with an attorney with any questions about your circumstances.
