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When there is property left behind and a tenant moves out?

When there is property left behind and a tenant moves out?

  • Posted: Jan 27, 2019
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When there is property left behind and a tenant moves out?

While it can be tempting to simply throw it all away and move on with your life, this may not always be the best solution. There are specific legal steps that you must take, and your tenant may even owe you money for their actions.

Did you know that you may even have to enlist some help from your local Sheriff? Learning the proper steps from alerting the tenant about their property to filing with local law enforcement for property removal is essential for landlords. By following the correct procedure, you’ll know exactly what to do with property left behind when a tenant moves out in the future.

 

What you need to know.

Why Did The Tenant Leave?

The first thing that you need to do is review why the tenant has left the property. Depending on their reason for departure, they may still have some rights to the property they left behind. Before you dispose of or sell anything, check their reason for leaving on the following list:

  • Lease Ended
    Most states give you nearly full freedom to dispose of any belongings left behind if a lease period was ending.
  • Termination Notice Served
    If you gave them a termination or early-lease ending notice and they left on time, most states give you nearly full freedom to dispose of any belongings left behind.
  • Evicted
    If you had to have your tenant evicted, often with involvement from the Sheriff, you may be responsible for ensuring that their belongings get back to them. Every state has different rules about this, so you will want to check your state’s laws.
    In most cases, evictions will be handled fully by local law enforcement, including the removal of their property and what property you are entitled to sell to receive payback for any unpaid rent. Since evictions are handled by specific court processes, the specifics are not covered in this article.
  • Leaves Without Notice
    Similar to the eviction case, tenants that disappear without any notice may still have some rights to the property they left behind depending on where you are located. Check your local laws before disposing of or selling anything.

 

Warning: Check The Local Laws

While all of this advice can be used no matter where you live, it is important that you check your local property and tenant laws before you remove property. As previously mentioned, it is possible that the tenant still has rights to the items. Most jurisdictions have specific procedures that landlords must follow before they can get rid of belongs. If you follow the laws, you will be protected from any former tenants attempting to come after you for damages or loss of property fines.

 

How To Find Your Local and State Laws

As you have probably already noticed, the way that you must deal with regarding property left behind when tenant moves out is very dependent on where you live. Because of that, you will need to get in contact with local jurisdiction or review state laws to be sure that you are following the proper course of action. However, finding these laws isn’t always easy. Here are a few resources to help you find the information that you need to deal with property left behind when a tenant moves out.

 

State Laws & Statutes

Find your state’s listing on this page to find out which law or statute you need to refer to for specific information about your situation.

Local Landlords

Are you friends with other landlords or aware of a few high-stakes landlords in the area? Reach out and ask for advice about your situation. They are likely to be familiar with the rules. If that doesn’t work, you can try reaching out to the National Apartment Association or National Multifamily Housing Council for advice on how to find out more information.

Lawyers

If you are dealing with a lot of valuable property that has been left behind, it is probably worth contacting a lawyer to be sure that you are able to dispose or sell the property. Lawyers can give you the best advice in these situations, as they can research any local laws for you.

 

Review Your Rental Terms

Because left behind property can be a big issue for landlords, you may decide to include a clause in your original rental contract that addresses any property that is left behind. Before touching any belongings, double-check the rental contract for any terms that may refer to this type of situation. Depending on the contract used, you may even be entitled to disposal fees for getting rid of your former tenant’s property.

 

Adding a Rental Clause About Abandoned Property

It’s always a good idea to include a clause about abandoned property in your rental contract. Some tenants may not worry about cleaning up trash or merely leaving behind old items they do not want anymore when they move out. While it may not seem like a big deal, it can be costly to dispose of larger items. While it may seem excessive to add this type of clause to your rental contract, doing so will protect you from future costly events.

Talk to your advisor or lawyer about adding a belongings clause to your contract:

  • State that there will be a disposal fee for excessive trash or abandoned property left behind.
  • Specify that belongings must be disposed of.
  • Include the potential for a separate agreement for storage as needed (i.e., you can offer to keep the former tenant’s furniture on the property for a specific period until they can pick it up).

 

 

Give The Tenant Legal Notice

Once you have familiarized yourself with the specifics of local laws as well as the rental agreement that was in place between you and the former tenant, it’s time to reach out to the tenant. Many states require that you give tenants that have left abandoned property behind a specific legal notice and period during which they have to collect their belongings.

 

What To Include In The Notice

When you’re documenting the following information for an abandoned property notice, it is essential to have an objective observer come along to protect you from any fraudulent charges. Additionally, photos and video can be helpful in case the situation should escalate.

Include the following in your notice:

  • Description of abandoned property (hint: do not open anything that is locked)
  • Estimated value
  • Where the property will be held
  • Deadline for retrieval (the length of this period is typically indicated by local or state laws)
  • What will happen after that period

 

Inventorying Items

The notice you give your tenant must have a detailed inventory of the items left behind, and this means that you must create such an inventory. It is imperative that you have a written and/or photographic record of everything that is left behind. Any property that has value must be recorded and stored. Since assigning a value to various personal belongings differs from person to person, the safest thing to do is to inventory everything that was left behind in great detail. When inventorying items, be sure that you do not open any locked items. These items should remain locked until you have a clear decision on what will be done with the property.

It is legal to keep the items on the rental property, but many property owners want to begin cleaning the space for the next tenant. If that’s the case, you are permitted to secure the belongings in a storage facility or similar space. Information about where the items are being stored must be included in any official notices or documents.

 

How To Send The Notice

When you send the notice, be sure that you request a return receipt. This will give you proof that the tenant received the notice should they not claim their belongings and return at a later date.

 

Handling Removal

If the notice period passes and the tenant does not return to get their belongings or they have no right to belongings left behind based on your local laws, it is time to move on to disposal and sale of their abandoned property. Check state laws before selling or disposing of property. In some areas, the abandoned property must be given over to the state. In others, you are free to dispose of it as soon as the notice period ends. The following tips refer to how to dispose of items economically and efficiently.

 

Dump Any Trash

If you haven’t already done so, you should remove any trash from the property. Trash is anything that is obviously not a valuable piece of personal property, and this can usually be removed without any other state requirements. The clean-up costs from removing trash (which can be expensive) can legally be deducted from the security deposit that your tenant paid down on the property, so be sure to subtract them.

Organize a Sale or Keep The Items

Many states require that you hold a public sale of the abandoned items. You can set this up with a local bond agency, and the proceeds of the sale can often be used to cover the costs of storing, selling, and advertising. Depending on the state, you might be able to keep the remaining proceeds. In some states, the balance must be paid to the state. If your state does not require you to pay anything back or hold a public sale, you can simply sell off the items as you please. You can even keep the items if you prefer to do so.

Can You Pay Yourself Back?

Most state laws share one similarity: You can be paid back for unpaid damages and rent from the sale of abandoned property. If your tenant left without paying for damages or rent, the proceeds from the belongings sale can often be used to pay off this debt. State laws will dictate the specifics of how this must be handled. In many cases, you should keep an itemized list of the items and can deduct the cost of disposing of them from the security deposit.

Exception Items

There are two main categories of items that you do not have to worry about these rules for, as they have exceptional statutes related to their abandonment.

Motor vehicles

If a car or other motor vehicle is left behind, it should be considered an abandoned vehicle and reported to local police. Law enforcement will handle its filing, removal, and return.

Fixtures

Permanent fixtures installed at the property by tenants – such as built-in bookshelves or lights – are considered part of the property. They are yours to keep and do not need to be reported. If the tenant added permanent fixtures that you did not approve, you are allowed to use the security deposit to cover the cost of removal. You should always check for this type of issue before releasing a former tenant’s security deposit to protect yourself from any extra losses.

 

Know Your Rights

There may be cases where a former tenant will return well after the end of their legal notice period and expect to receive their belongings or the value of the items. If this is the case, your state should have specific laws on what they can or cannot receive. If you sold the items, it is possible that the former tenant has a right to receive the proceeds beyond what was required to pay you back for the sale and storage of the items. There is typically a limitation period on this type of situation. If you kept or disposed of the items, however, the tenant typically has no rights to compensation for the items. They did not come during the notice period, so the belongings became yours.

A Complex Process

As you can see, handling any tenant property left behind is not as simple as just selling or disposing of it. Due to the complex nature of rental and tenant laws, you must follow your local rules to handle the situation legally. Some people might even leave their pets behind! (Really, it has happened). Still, you have to follow the rules to handle even the most extreme cases.

In its most basic form, this is what you need to do when a tenant moved out and left their belongings:

  1. Determine why they left & check local laws for specific rules
  2. Review your rental terms for clauses related to abandoned property
  3. Document and inventory the abandoned property and damages
  4. Give former tenant legal notice of abandoned property
  5. Sell, dispose of, or store the property, depending on local laws
  6. Pay yourself back for unpaid rent, etc.
  7. Know your rights by getting in contact with a local lawyer

If you stay organized throughout this process, you’ll be able to reclaim your rental property and deal with the abandoned property while minimizing your monetary risk, if any. You will have to spend a lot of time on this process, but handling it legally and adequately will pay off in the long run.

 

 

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You now have what you think might be an abandoned rental property?

You now have what you think might be an abandoned rental property?

  • Posted: Jan 27, 2019
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You now have what you think might be an abandoned rental property. It’s The Tenants Junk Not yours!

However, proceeding as if the tenant is long gone can be a costly mistake for you. When it comes to abandoned rentals, you must avoid the 3 biggest mistakes landlords can make to keep things legal when recovering your rental property.

 

Mistake #1: Assuming It’s Abandoned When It’s Not

Sometimes it is obvious when a tenant abandons a property, such as when they move out in the night and leave you a note and a property full of garbage. Other times, it may be difficult to tell whether the tenant has abandoned the rental unit. In their hurry to turn over a rental unit and get rid of a bad tenant, some landlords may make the mistake of assuming the property is abandoned when in fact it is not.

If you are unsure about whether the tenant has truly abandoned the property, find the answers to these questions:

  • Is the tenant behind in paying the rent? Many states won’t consider a rental abandoned if the rent is current.
  • Are the utilities shut off? A quick call to the utility company will provide you with this information, however, this also may be a coincidence for nonpayment and not necessarily abandonment.
  • Is there anything left in the rental unit, like furniture or clothes? If there are valuable items left behind, it’s less likely to be abandoned than if you find garbage or rotting food.
  • Did the neighbors notice anything significant? If others witnessed a moving truck at the property the other day, or the tenant told them they were leaving, it helps to solidify other evidence of abandonment.
  • Has a change of address been submitted to the post office? A quick visit to the local post office will help you figure it out.
  • What do the tenant’s emergency contacts say? You must get in touch with the tenant’s emergency contacts to see if they offer any insights into the tenant’s absence.

No single factor is conclusive—instead, you must consider several things before you can conclude that the property is abandoned. It’s a fine line between a tenant abandoning a property and simply being gone for a while. Unusual circumstances, such as an extended vacation or business trip, a hospital stay or even jail time can make it seem as if the tenant has abandoned the property when legally they are still in possession as long as they have not broken the lease terms.

 

Mistake #2. Disposing of Personal Property

When tenants leave in a hurry, whether it’s due to eviction proceedings or another reason, they often leave personal property behind. Even if you’ve established that the rental unit is indeed abandoned, you are still required to put in some time and effort into dealing with the tenant’s possessions. New landlords may mistakenly claim the abandoned property as their own and keep it or try to sell it to recoup some lost income. However, this is illegal unless done in the proper way.

While different states have varying requirements, in general, a landlord must store the tenant’s personal property for a time and use reasonable care to keep it safe from harm or theft. While this seems strange—to care for the abandoned junk of a former tenant—the laws are quite clear that at least for a designated time, the landlord is responsible for those possessions.

Here are some examples from states across the country on dealing with a tenant’s personal property that has been left behind:

  • California requires landlords to move the property and store it safely, then deliver a notice to the former tenant, if possible, as well as any contacts he might have that gives a deadline of 18 days for the tenant to claim the property. The tenant is required to pay the landlord the reasonable cost of storage before reclaiming the property. If unclaimed and the property is worth less than $300, the landlord can keep it or dispose of it. If it is worth more than $300, the property must be sold at a public bidding.
  • Kansas landlords must store possessions for 30 days and at least 15 days before sale or disposal, attempt to notify the tenant. Unlike most other states that require the notice to be mailed or delivered personally, Kansas law requires landlords to publish the notice in the local newspaper. After 7 days from publication, the landlord must mail a copy of the published notice to the tenant’s last known address. All proceeds from a sale go to the landlord.
  • North Carolina law requires landlords to store abandoned property in a county warehouse for 10 days, after which the landlord may sell, keep, donate or dispose of the property. If the landlord chooses to sell the abandoned property, he must send a written notice at least 7 days in advance to the tenant’s last known address. Proceeds first go to the landlord to offset any remaining costs from the tenant and the balance goes to the county.

 



 

Mistake #3. Failing to Document the Process

Even if they’ve covered all your bases in judging that the rental is abandoned and they’ve properly disposed of any of the former tenant’s possessions, many landlords make the mistake of failing to document the process of recovering an abandoned rental property. If you make the wrong call and face a wrongful lockout claim from the tenant, you’ll need to have evidence on your side in court to show why you made the call you did.

Here are some things you must do in order to properly document your discovery process in recovering an abandoned rental property:

  • Take pictures of the property, including instances where it seems like the tenant has abandoned it, such as rotting food in the fridge, lack of furniture, abandoned pets, unkempt lawn, and so forth.
  • Write down the names, times and dates of interviews with neighbors or the tenant’s emergency contacts, along with a summary of the conversation.
  • Collect any documents you get from the utility companies about shutoffs.
  • Keep copies of any official notices you send to the tenant at the last known address or to the tenant’s workplace to show your attempts at communication.
  • Document the costs for moving and storing any possessions left behind using receipts or invoices.

 

Abandoned Apartment Key

If your apartment is abandoned but there is no key to be found you will want to have the locks changed as soon as possible. Kwikset makes locks that are easy to rekey with Smart Key technology. Just be sure that you take back full control of the apartment before rekeying the locks.

In general, when a tenant abandons a rental property, they don’t intend to return but there have been too many instances where an eager or uninformed landlord has moved too quickly and outside the law, and made these critical mistakes. When in doubt, consult with an attorney who specializes in landlord/tenant issues and make sure you are proceeding in such a way as to minimize the time the unit is empty without compromising on following the laws of your state.

 

 

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Removal of a Tenant’s Belongings Without an Eviction Notice

Removal of a Tenant’s Belongings Without an Eviction Notice

  • Posted: Jan 11, 2019
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Removal of a Tenant’s Belongings Without an Eviction Notice

Illegal Removal of Tenant’s Belongings

Prior to the court’s decision about the complaint’s validity, the landlord cannot exercise any self-help or retaliatory measures against the tenant. He cannot remove the tenant’s personal belongings from the property, for instance, even though he may feel justified in doing so to recover lost rent. Only after the court has decided in favor of the landlord will it issue a “writ of possession” that orders the sheriff to remove the tenant and his belongings from the premises. The tenant will have five days from the writ’s issuance to voluntarily vacate the property. If he fails to do so, the sheriff will exercise the writ and forcibly remove him and his possessions.

 

Tenant’s Recourse to Illegal Removal of Belongings

The landlord has broken the law when he removes the tenant’s personal belongings before the court has issued a writ of possession. The tenant can then lodge a complaint with the court and be granted a judgment against the landlord for up to $100 per day for the time that the landlord illegally kept his property. The tenant can also hold the landlord liable for any damage to his property that occurred while in the landlord’s possession.

 

Legal Removal of Tenant’s Belongings

When a tenant has voluntarily vacated the property and has abandoned his personal belongings, the landlord may legally dispose of them after notifying the tenant of his intentions. His notice must advise the tenant when and where his belongings can be retrieved and any storage fee he must pay to release them. It must also note the landlord’s intentions for the property if the tenant fails to retrieve it. After the deadline for retrieval has passed, the landlord may legally dispose of it if it is valued at less than $300. Property that is worth more than $300 must be sold at public auction and the proceeds must be surrendered to the county, which it may return to the landlord once a timely claim is filed.

 

 

ABANDONED PROPERTY BY STATE

TABLE 1: DISPOSAL OF ABANDONED PROPERTY BY STATE

Alaska

§ 34.03.260

 A landlord must notify his tenant that unless he removes the property within at least 15 days, the landlord will sell it or, if valueless, otherwise dispose of it. If the tenant appears to remove property, he must pay storage costs. If the tenant does not remove it, the landlord may sell, destroy, or otherwise dispose of it.
Arkansas

§ 18-16-108

 All property left in and about the premises after termination of a lease are presumed abandoned and may be disposed of as the landlord sees fit. The property is subject to a lien in the landlord’s favor for payment of agreed upon sums.
Arizona

§ 33-1370

 When property is abandoned, the landlord must mail the tenant notice of his intention to take the property. The landlord must store it for at least 10 days. If the tenant does not attempt to recover it, the landlord may sell it and apply the proceeds towards any outstanding rent, costs the landlord occurred, and any other costs provided in the lease agreement. The landlord must mail excess proceeds to the tenant at his last know address.

If provided in the rental agreement, a landlord may destroy or otherwise dispose of property that is worth less than the total cost to move, store, and dispose of it at a public sale.

The landlord must keep adequate records and any excess proceeds for 12 months after a sale.
California

Civil Code § 1983 et seq.

 The landlord must send a notice to the place the tenant is expected to receive it that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 15 days (18 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property.

The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $300 will be kept, sold, or destroyed.

After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds.
Colorado

§ 13-40-122

 A sheriff may remove a tenant’s personal property when executing a writ of restitution. A landlord has no duty to store or inventory the property, or to determine its condition or ownership. If he elects to do so, he may charge the tenant for reasonable storage costs.

Table 1: Continued

Connecticut

§ 47a-42

 The state marshal executing the eviction must use reasonable efforts to locate and notify the tenant and any other previous occupants affected by the eviction of the date and time of the removal and possible sale of the property. The marshal must also give the chief executive officer (CEO) of the town where the rental unit is located a 24-hour notice of the eviction, stating the date, time, and location, and general description, if known, of the type and amount of property to be removed.

If the property is unclaimed, the marshal can set it on an adjacent sidewalk, street, or highway. If not immediately removed, the CEO must remove and store the property at the tenant’s expense. The CEO can sell, at a public auction, any property remaining in storage for more than 15 days after the eviction. He must make reasonable efforts to locate and notify the tenant of the sale, including posting a notice one week in advance of the auction on a public sign post located near the place of eviction or, if there is no sign post, at some exterior place near the town clerk’s office.

Within 30 days after the auction, the CEO must turn auction proceeds, minus a reasonable charge for removal and storage, to a tenant who asks for them. Absent a request, the CEO turns the proceeds over to the town treasury.
Delaware

25 § 5715

 If a tenant has not removed his property at the time the writ of possession is executed, the landlord can immediately remove and store the property for 7 days at the tenant’s expense. If the tenant does not claim the property and reimburse the landlord for removal and storage at the end of this period, the property is deemed abandoned and the landlord may dispose of it without further notice or obligation to the tenant.
Florida

§ 715.04 et seq.

 The landlord must send a notice, to the place the tenant is expected to receive it, that (1) describes the property in sufficient detail for the tenant to identify it, (2) advises him that he has 10 days (15 days if the notice is mailed) to claim it, (3) appraises him of reasonable storage costs, and (4) tells him where to claim the property.

The notice must also inform him that unclaimed property of value will be sold at a public sale and property believed to be worth less than $500 will be kept, sold, or destroyed.

After deductions for storage, advertising, and the sale, landlords must turn over to the county any residual proceeds.
Georgia

§ 44-7-55

 A writ of possession authorizes the executing officer to remove a tenant’s personal property and place it on some portion of the landlord’s property or on other property that the landlord designates and the officer approves. The landlord owes no duty to the tenant regarding it. After the writ is executed, the property is regarded as abandoned.

Table 1: Continued

Hawaii

§ 521-56

 The landlord may sell the property, store it, or donate it to a charitable organization. Before selling or donating it, the landlord must make reasonable efforts to notify the tenant, by mail, of the identity and location of the property and of his intention to sell or donate it. At least 15 days after the notice is mailed, the landlord may (1) sell the property after advertising the sale for at least three consecutive days in a daily paper of general circulation in the area where the premises is located or (2) donate the property to a charitable organization.

After deducting any unpaid rent and the cost of storing and selling the property, the landlord must hold proceeds in trust for the tenant for 30 days, after which time the proceeds are forfeited to the landlord.

The landlord may use his discretion to dispose of property that he determines is without value.
Idaho

§ 6-311C

 The sheriff or constable executing the writ of possession is authorized to place any property remaining on the premises in a safe place for storage. He can place a lien on the property to offset costs.
Indiana

§§ 32-31-4-1 to 32-31-4-5

 A landlord who is awarded possession of a dwelling unit by a court may ask for an order to remove any personal property remaining on the premises and deliver it to a warehouseman. Before removing the property, the landlord must personally serve the tenant at his last known address with (1) a copy of the order and (2) the identity and location of the warehouseman.

The warehouseman holds a lien on non-exempt property equal to the expenses for any of the following incurred by the warehouseman with respect to all of the property, whether exempt or not exempt: (1) storage, (2) transportation, (3) insurance, (4) labor, (5) present or future charges related to the property, (6) expenses necessary to preserve the property, and (7) expenses reasonably incurred in the lawful sale of the property.

A tenant may claim exempt property (i.e., a week’s supply of seasonable clothing, blankets, items necessary for a minor’s care and schooling, medically necessary property, or property used in the tenant’s trade or business) at any time without paying costs.

At any time prior to a sale, a tenant may claim his other property by paying the warehouseman the above-described expenses. A warehouseman may sell any nonexempt, unclaimed property 90 days the notice described above.

Table 1: Continued

Iowa

§ 555B.2

 A real property owner may remove abandoned personal property and place it in storage until a judgment of abandonment is entered or until the personal property owner pays a fair and reasonable charge for removal; storage; or other expense incurred, including reasonable attorneys’ fees. The real property owner must notify the sheriff of the county where the real property is located when the property is removed.

If the real property owner asks, the sheriff must notify the personal property owner, if known, of the removal. If the owner cannot be determined, and the real property owner so requests, the sheriff must give notice by one publication in a newspaper of general circulation in the county where the personal property was abandoned. If the personal property is not claimed within six months after notice, the sheriff must sell it at a public or private sale. After deducting sale costs, the sheriff must apply the net proceeds to the cost of removal, storage, notice, attorney fees, and any other expenses incurred for preserving the personal property. He must pay any remaining net proceeds to the county.
Kansas

§ 5-2565

 The landlord may take possession of the property, store it at tenant’s expense, and sell or otherwise dispose of it after 30 days. At least 15 days prior to the sale or disposition, the landlord must publish notice of his intention at least once in a newspaper of general circulation in the county where the dwelling unit is located. Within seven days after publication, the landlord must mail a copy of the published notice to the tenant at his last known address. The notice must include the tenant’s name, a brief description of the property, and the approximate date on which the landlord intends to sell or otherwise dispose of it.

During the time the landlord has possession, the tenant may redeem the property after paying the landlord for holding and preparing the property for sale and for any other outstanding debt, including rent.

Any proceeds from the sale or other disposition of the property must be used to offset (1) reasonable costs to store the property and prepare it for sale or disposition, give notice, and sell or dispose of it; and (2) any amount the tenant owes the landlord. The landlord may retain any residual.

Table 1: Continued

Maine

14 §§ 6005 and 6013

 Property that remains at a dwelling 48 hours after service of a writ of possession is deemed abandoned.

If the property is unclaimed and valued at less than $750, the landlord must place it in storage. The landlord must send written notice, including an itemized list of the property and the landlord’s intent to dispose of it, to the tenant’s last known address. If the tenant claims the property within 14 days after the notice is sent, the landlord must continue to store it for at least an additional 10 days to allow the tenant time to take possession. The landlord may condition the release of the property on the tenant’s payment of all rental arrearages, damages, and storage costs.

If the property remains unclaimed on the 14th day after notice or 10 days after the tenant claims it, the landlord may sell the property for a reasonable fair market price and apply all proceeds to rental arrearages, damages, and costs of storage and sale. All remaining balances must be forwarded to the state treasurer.

Abandoned tangible property valued at $750 or more must be reported to the state treasurer. If the treasurer refuses delivery and authorizes a landlord to sell it, he must sell it in a commercially reasonable manner.

After the sale, the landlord may apply any sale proceeds to unpaid rent, damages to the premises, and the expenses of storage, notice and sale. The landlord must report any balance and the records of the sale to the state treasurer.
Maryland

§ 8-208

 A lease may not contain any provision authorizing the landlord to take possession of the leased premises or the tenant’s personal property unless the lease has been terminated and the tenant has abandoned the personal property.

Table 1: Continued

Massachusetts

§ 239-3 and -4

 At least 48 hours before executing a writ of possession, the executing officer must give the tenant written notice of the specific date and time that he will physically remove his personal possessions.

Among other things, the notice must state (1) the name, address, and telephone number of the storage warehouse and (2) that the warehouser may sell at auction any property that is unclaimed after 6 months and may the proceeds necessary to compensate him for any unpaid storage fees accrued as of the date of the auction. A defendant has the option of telling the officer where to store the property at any time before it is physically removed.

The landlord must pay the removal fee, but he is entitled to reimbursement from the tenant.

The warehouser has a lien on the property equal to the cost of storage. After the property has been stored for at least six months, the warehouser may enforce the lien by selling or otherwise disposing of the property. The defendant may postpone the sale or disposal of his property for three months upon payment of one half of all storage fees plus costs reasonably incurred in preparation for their sale.
Minnesota

§ 504B.271

 A landlord must store the personal property belonging to a tenant who abandons the premises. The landlord has a claim against the tenant for reasonable moving and storage costs.

The landlord may sell or otherwise dispose of the property after 60 days and may apply a reasonable amount of the proceeds to the removal, care, and storage costs and expenses of any sale. He must pay any remaining proceeds to the tenant upon written demand.

The landlord must make reasonable efforts to notify the tenant at least 14 days prior to the sale, by personal service or mail to the tenant’s last known address or usual place of abode and by posting notice of the sale in a conspicuous place on the premises for at least two weeks.
Missouri

§ 441.065

 A landlord may remove or dispose of any property that remains in or at the premises after the tenant abandons it. The property is deemed abandoned if the:

(1) landlord has a reasonable belief that the tenant has vacated the premises and intends not to return and posts written notice of abandonment on the premises and mails a copy of it to the tenant’s last known address;

(2) rent is due and has been unpaid for 30 days; and

(3) tenant fails to either pay rent or respond in writing to the landlord’s notice within 10 days.

The notice must include a warning that the landlord may dispose of the property remaining on the premises unless the tenant contacts the landlord within 10 days and informs him that the property is not abandoned.

Table 1: Continued

Montana

§ 70-24-430

 If a tenancy terminates and the landlord reasonably believes that the tenant has abandoned all personal property left on the premises, the landlord may inventory and store the property with a commercial storage company.

The landlord must:

(a) make a reasonable attempt to notify the tenant that he plans to move the property;
(b) notify the local law enforcement office that he has the property;

(c) make a reasonable effort to determine if the property is secured or otherwise encumbered; and
(d) send a notice to the tenant’s last-known address stating that at a specified time, not less than 15 days after mailing the notice, the property will be disposed of if not removed.

After the 15 days, the landlord may sell, destroy, or otherwise dispose of the property.

If, after receiving notice, the tenant informs the landlord that he intends to claim the property and does so within 7 days thereafter, the landlord is entitled to storage costs for the period that the property remains in safekeeping, plus the cost of removal of the property to the place of storage.

If the property is sold, the landlord may deduct from the proceeds of the sale the reasonable costs of notice, storage, labor, and sale and any delinquent rent or damages owing on the premises and must remit the remainder to the tenant. If the tenant cannot after due diligence be found, the remaining proceeds must be deposited with the county treasurer for the county where the sale occurred.

Table 1: Continued

Nebraska

§§ 69-2303 to -2314

 When personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, the landlord must give written notice (1) describing the property in a manner reasonably adequate to permit the owner to identify it, and (2) informing the tenant that the property will be sold at a public sale or (3) informing the tenant that he believes the property is worth less than $250 and will be destroyed, sold, or otherwise disposed.

The landlord must release the property if the tenant claims it prior to a sale and pays the reasonable costs of storage, advertising, and preparation for sale.

The landlord must give notice of the time and place of the public sale by advertising it once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. If there is no such newspaper in the county, the landlord must post the advertisement for at least 10 days before the sale in at least six conspicuous places in the neighborhood of the proposed sale.

After deducting the reasonable costs of storage, advertising, and sale, the landlord must remit to the state treasurer any residual that is not claimed by the tenant.
Nevada

§§ 118A.450 and .460

 If a landlord has notice that a tenant has abandoned leased premises, he may dispose of the tenant’s personal property. In the absence of notice, a tenant is presumed to have abandoned premises if he is absent for a period of time equal to one-half the time for periodic rental payments, unless the rent is current or the tenant has in writing notified the landlord of an intended absence.

The landlord may dispose of the abandoned property or property left on the premises after an eviction by storing it for 30 days, during which time the tenant may claim it after paying inventory, moving, and storage costs.  After the 30 days, the landlord may dispose of the property and recover his costs if he has (1) made reasonable efforts to locate the tenant and (2) notified the tenant in writing of his intention to dispose of the property and 14 days have elapsed since the notice was given. The landlord must mail the notice to the tenant’s present or last known address.
New Hampshire

§ 540-A:3 (VII)

 A landlord must maintain and exercise reasonable care in the storage of the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of 28 days. During this period, the tenant can recover his property without paying rent or storage fees. After the 28 days, the landlord may dispose of the property without notice to the tenant.

Table 1: Continued

New Jersey

§§ 2A:18-72 to -82

 If a landlord believes a tenant has abandoned personal property remaining in a dwelling unit, the landlord may dispose of it. Before the disposal, the landlord must notify the tenant that the property (1) is considered abandoned and that it will be stored for 30 days (33 days if the notice is mailed) and (2) will be sold at a public or private sale or disposed of or destroyed if believed to be of little value.

The property is presumed abandoned if the tenant (1) responds to the notice within the 30 days (or 33 days, as appropriate) but does not claim the property or (2) does not respond to the notice.

If the tenant claims the property, he must pay the landlord for removal and storage.

After 30 days, the landlord may sell the property and deduct from the proceeds the reasonable costs of notice, storage, and sale, and any unpaid rent and charges not covered by a security deposit.  After deducting these amounts, the landlord must give the tenant the difference. If the tenant cannot be found, the landlord must turn the remaining proceeds over to Superior Court.
North Carolina

§ 47-25.9 and § 42-36.2

 After an eviction and notice specifying the date a sheriff will execute a writ of possession, a tenant has up to 10 days to contact the landlord and arrange to take possession of the property. During the 10 days, the landlord must store the property in a county warehouse. After 10 days (or five days if the property’s value is less than $100), the landlord may dispose of or sell the property. If the landlord chooses to sell the property, he must give seven days notice in writing to the tenant, which may run concurrently with the 10-day period. The landlord may use sale proceeds to offset any remaining rent, damages, storage fees, and the cost of the sale. He must give any surplus to a tenant who asks for it or to the county where the property is located if no one asks.

If the property is worth less than $500, the landlord may donate it to a nonprofit organization that agrees to store it for 30 days. The landlord must post a notice of the property’s location at the vacated premises and mail the tenant a copy of it. The organization must release the property at no charge if the tenant comes to claim it within 30 days.
North Dakota

§ 47-16-30.1

 A landlord may dispose of property, without legal process, that is valued at less than $1,500 and left for more than 30 days after a writ of possession is executed. The landlord may recover his storage, moving, and sale expenses from either sale proceeds or the tenant’s security deposit.

Table 1: Continued

Oklahoma

§ 41-130

 When property is left on the premises after a tenant has been lawfully removed, the landlord may dispose of the property in any manner he chooses if he determines that it has no ascertainable value. If the landlord determines that the property has value, he must send the tenant notice at his last-known address of his intention to dispose of the property after 30 days property. During that period the landlord must store the property.

If the tenant removes the property within the 30 days, he is liable to the landlord for removal and storage costs. If he does not, the landlord may dispose of it.
Oregon

§ 90.425

 When property is left on the premises after a tenant has been lawfully removed, the landlord must give the tenant written notice at his last-known address that the: (a) property is considered abandoned; (b) the tenant must contact the landlord within five days after personal delivery (or eight days after mailed notice) to arrange for removal; and (c) the property is being stored, including the storage location.

If the tenant fails to contact the landlord by the specific date, or after that contact fails to remove the property within 15 days, the landlord may sell or dispose of the property.

The landlord may deduct from any sale proceeds the reasonable or actual cost of notice, storage, and sale, and unpaid rent. The landlord must turn any residual over to the tenant.
South Dakota

§§ 43-32-25 to 43-32-26

 The landlord may dispose of any property valued at $100 or less that a tenant leaves in a dwelling unit for more than 10 days after he has vacated.

The landlord must store property valued at over $100 for at least 30 days and place a lien on it cover storage and handling. After 30 days he may consider the property abandoned and dispose of it.
Tennessee

§ 66-28-405

 Property remaining on premises is considered abandoned after (1) a tenant has been absent for at least 30 days without explanation or (2) at least 15 days have passed since the tenant was supposed to pay rent and it appears to the landlord that he has vacated the premises.

Under the latter circumstance only, the landlord must notify the tenant of his intention to take possession of the property within 10 days unless he is contacted. If the tenant does not contact him, the landlord can remove tenant’s belongings from the premises and store them for not less than 30 days. If during this time the tenant does not recover his possessions, the landlord can sell or otherwise dispose of the property. He can apply sale proceeds to any unpaid rent, damages, and storage fees.

Table 1: Continued

Texas

§ 24.0061

 A writ of possession must order the executing officer to post a written warning that the property subject to it, if not removed, will be placed at a nearby location that does not block a public sidewalk, passageway, or street.

The executing officer or a bonded warehouseman may remove and store the property at no cost to himself or the landlord. The landlord is not required to store the property.
Utah

§ 78-36-12.6

 The landlord may move the property from the premises, store it and recover the costs of moving and storage from the tenant. The landlord must make reasonable efforts to notify the tenant about the location of the property. If in 30 days the tenant does not recover the property, the landlord may sell it and cover his expenses or donate the property.
Vermont

9 § 4462

 If a tenant abandons his dwelling unit, the landlord must send him a written notice of his intent to dispose of any unclaimed property after 60 days. During this time the landlord must store the property in a safe place. After 60 days, the landlord owns the property and may dispose of it as he sees fit.

If the tenant appears to claim the property, he must pay storage and other fees.
Washington

§§ 59.18.310,

59.18.312

 A landlord may store property remaining when a sheriff executes a writ of restitution unless the tenant objects to storage. If the tenant objects, the landlord may place the property on the nearest public property.

If the landlord stores property valued at $50 or less, he must give the tenant notice that he intends to sell or dispose of it after seven days unless it is reclaimed. If the property is valued at over $50, the landlord must give the tenant notice that he intends to sell or dispose of it after 45 days unless it is reclaimed. The landlord must apply and sale proceeds to any outstanding debts the tenant owes the landlord, including rent and storage of the property. The tenant can claim any excess income from the sale for up to one year. After one year, the balance becomes the landlord’s property.
West Virginia

§ 37-6-6

 If a tenant abandons his property while he owes a landlord rent, the landlord must post a notice on the property requiring the tenant to pay the rent within 30 days. If the rent is not paid, the landlord may take, dispose of, or otherwise remove the property after notice.

The notice must state that the property is considered abandoned and the landlord’s intentions if it is not claimed within 30 days. After the 30 days, the landlord is the property owner and can dispose of it. If, however, the property is valued at $300 or more, the tenant may ask the landlord to store it for up to an additional 30 days so that he has time to claim it.

Table 1: Continued

Wisconsin

§ 704.05(5)

 If a tenant leaves property behind, the landlord can:

● store it and place a lien on it for the cost of storage. The landlord must notify the tenant within 10 days after storage charges are imposed. Medicine and medical equipment must be promptly restored to the tenant and are not subject to the lien.

● notify the tenant that the he intends to sell or otherwise dispose of the property unless it is claimed within 30 days. The landlord can deduct sale and storage costs from the sale proceeds. The tenant may claim any residual within 60 days after the sale; otherwise the landlord must send it to the Department of Administration.

● store the property without a lien and return it to the tenant.
Wyoming

§ 1-21-1210

 Once a lease is terminated, a landlord may immediately dispose of any remaining on the premises. Such property is presumed to be valueless and abandoned.

The landlord must give the tenant notice that describes the property and states his intention to dispose of it after seven days. If the tenant informs the landlord to reclaim the property within the seven days, the landlord must hold it for an additional seven days. If the tenant does not claim it or does not respond to the notice, the property is conclusively deemed abandoned and the landlord may retain or dispose of it.

The tenant is responsible to the landlord for reasonable removal and storage costs.

 

 

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CITIES CAN SAVE MONEY BY PROVIDING LAWYERS FOR TENANT EVICTIONS

CITIES CAN SAVE MONEY BY PROVIDING LAWYERS FOR TENANT EVICTIONS

  • Posted: Dec 23, 2018
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CITIES CAN SAVE MONEY BY PROVIDING LAWYERS FOR TENANT EVICTIONS

Landlord-tenant court is a notoriously nasty place. In New York, for example, housing court has become a tool of landlords trying to push out rent-controlled tenants. In Philadelphia, one out of every 14 tenants faces eviction every year, and those fights play out in housing court.

Those legal battles are costly for the city, and often confusing for tenants who don’t always know the law and procedures, and struggle to keep up with the jargon. Low-income tenants especially face difficulties since they cannot afford lawyers.

But a new study put together by the consulting firm Stout, and ordered by the Philadelphia Bar Association, could make headway into changing that. The report looks into the costs and benefits of providing city-sponsored lawyers to low-income tenants facing eviction. In 2017, Philadelphia began a pilot program providing these services to low-income tenants in specific zip codes.

“In the past year and a half we’ve seen major improvements in awareness and investment by the city in housing and eviction issues,” says Rasheedah Phillips, a lawyer who represents low-income tenants in Philadelphia.

The findings are dramatic: By investing less than $4 million into providing universal access to counsel for low-income tenants facing eviction, the report estimates that the city could save $45.2 million annually by drastically reducing the number of disruptive evictions, so named because they painfully disrupt the lives of the tenants evicted.

Disruptive evictions cost the city in many ways: It incurs education, juvenile justice, and welfare costs associated with homeless children; the costs of social services for tenants who lose their jobs because of disruptive evictions; increased law enforcement and incarceration costs associated with larger homeless populations; and homelessness services costs.

But the costs to tenants are even higher. Tenants who are evicted often take huge hits to their credit scores that affect their ability to rent again, and they can lose their subsidized housing vouchers. Moreover, children who endure evictions often lose significant time from school, or switch schools mid-year. And in some of the neighborhoods with the highest eviction levels, evictions lead to community instability.

According to the report, only 5 percent of tenants who have attorneys are actually evicted because of eviction proceedings. But among those who aren’t represented, that number balloons to an astounding 78 percent. That’s what strains the city’s budget. Here’s what the report says:

 

 

And then there are costs to the courts. “Those who use our legal services tend to be people who are repeat clients,” Phillips said. “Having an attorney allows us to look at the issues ahead and work to minimize the barriers that might bring the person back to court again.”

This is one of the ways universal access to representation for low-income tenants facing eviction could help keep costs down. If fewer cases even make it to court, the courts save money.

Philadelphia is still a long way away from transforming its pilot program into something available to all tenants. But the report will help, Phillips says. “The Stout report will go a long way toward justifying the need, but it’s a major investment in something that you don’t have upfront results for.”

Advocates in Philadelphia do have an example to look at. In August of 2017, New York City became the first city in the nation to provide universal access to representation for low-income tenants. A five-year pilot program that reduced evictions in the zip codes it served by nearly 30 percent, and the activism that surrounded it, led to the passing of Local Law 137.

“There’s a general nationwide movement to provide legal services for low-income individuals in a wide variety of areas,” says Ethan Fogel, a lawyer who worked between Stout and Philadelphia’s legal aid programs to create the report. The constitution enshrines the right to an attorney in all criminal proceedings, and activists have long sought to expand those protections to important civil areas like housing court, family court, and others.

In Philadelphia, they’re well on their way. Phillips points to a supportive city council and mayor, who created a task force on eviction prevention in 2017. The struggle will be scaling the pilot program quickly and efficiently to serve more people. Fogel is optimistic.

“I don’t see that there should be obstacles. There are logistical issues to work out, but I think this report is so supportive,” he says. “I hope I’m right.”

 

 

Find out more about Evictions, The Process of an Eviction in your State, Forms you can Download for an Eviction, Laws in your State, Landlord help pages and Tenant Defending an Eviction

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Finding a Perfect Tenant

Finding a Perfect Tenant

  • Posted: Sep 20, 2018
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Finding a Perfect Tenant

We are all looking for that neat and responsible tenant who will respect the property, keep it clean and pay bills in time.  And it’s not always easy to judge reliability from a brief meeting and a pile of paperwork. At NationalEvictions.com, we’ve put together a few pointers that will help you find that perfect tenant and highlight the possibilities for a compromise if the search is taking too long.

 

Start with your property

The condition of your property will ultimately affect what kind of tenants it will attract. You can’t do anything about the location, but keeping the property clean, updated and well-maintained is in your hands. Outdated appliances, dirty walls and untidy bathroom may scare away your potential tenants, especially if the price is high.

Rethink the layout and possibly knock down a few walls to make a bigger bathroom or add a walk-in closet. Provide the top amenities your tenants want, and you’ll have plenty of candidates to choose from. If you don’t want to mess with the renovations, just keep the property clean: a fresh coat of paint, a scented candle and clean sunny windows can make a big difference. Remember, first impressions matter!

 

DOWNLOAD FORMS YOU WILL NEED FOR THE EVICTION IN YOUR STATE

Find all the Legal Forms for Landlord Tenant / Evictions / and other forms for your business, Search on your State Eviction Process 

EVICTION FORMS

 

 

Screen your tenants

As Property Managers Ourselves, we advice you not to let an unscreened tenant move into your rental, no matter how desperate you might be to close the deal. Even if the person was recommended by your friend, take the time to conduct at least minimal screening. Here are some things you might want to check:

 

Attitude and behavior. Take mental notes when you first meet a potential tenant. Did they make an effort to dress nicely? Are they kind and polite? What kind of car do they drive and is it clean? Of course, you can’t judge people by these characteristics alone, but they should help you paint a bigger picture.

References from previous landlords. Do verify the reference by calling the former landlord, as it’s easy to forge a reference letter or have a relative write it. It’s also a good idea to ask how much the tenant was paying in rent at his former place.

Employment status. Your tenant should be employed, preferably for some time. You can request recent pay stubs and even talk to the employer to get more insights.

Credit history. Request a credit report on your potential tenant. Look for any open collections, late payments, bankruptcy and overall credit score. The report itself might cost you, but it’s better to be safe than sorry.

Criminal and eviction records. Find out if your tenant has had problems with the law in the past or is currently a part of an investigation or a litigation. You probably might want to reject someone who’s been arrested for public disturbance multiple times.

Social life. With social networks playing an important role in many people’s lives, almost everyone has a digital footprint. Search an applicant’s name in the search engines and look over their social profiles and other publicly available information. This will give you a better idea about their personality and lifestyle.  Google them, Check other Social Media for the names on the application. Do Your Homework as a Manager!

Besides conducting a thorough background check, also let your potential tenant tell their story. Find out why they are moving, what they do for fun, and see if everything they say matches the reports you’ve obtained.

 

 

Learn to compromise

It’s unlikely that you find a tenant that has everything you are looking for. Being picky is good, but don’t bluntly reject applicants based on certain things you uncover during the background check. Remember, every month your property stays unoccupied, you are not just failing to make profit, but possibly losing money as well.

Instead of focusing on separate accounts of “irresponsible behavior” on the part of your potential tenants, look at the bigger picture:

  • Everyone makes mistakes, and a criminal charge or an unpaid debt from back in the days doesn’t define a person. Focus on the past five years instead of considering someone’s entire history.
  • When screening couples, look at the combined income if low individual income is the only issue and everything else checks out.
  • Appreciate the honesty when someone tells you upfront about their bad credit or other issues. This means they understand the consequences of the bad decisions they made in the past and want to mend things.

A bad tenant can be a disaster to your rental property business. If you have multiple properties and consistently struggle to sort through dozens of undesirable applicants to find that perfect one, let us know and we’ll take that burden off of your shoulders.

 

 

Learn more about Tenants, Landlords and Property Management and Evictions on our website:  https://NationalEvictions.com

 

 

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