Below are questions asked by rental property owners regarding abandoned property, followed by answers provided by the law firm of Simone and Blevins.
Question 1: I served my residential tenant with a sixty-day notice to quit. He called me during the notice period to tell me he moved out and I could take back possession of the property. He left the keys in the mailbox and he left a significant amount of his stuff behind. Can I throw it all away?
Answer 1: No, you cannot throw away the tenant’s personal property. Since the tenant gave you possession of the unit, you may consider the items he left behind as abandoned personal property. You must serve a Notice of Right to Reclaim Abandoned Property itemizing the personal property left by the tenant and keep the items for at least 15 days if personally served or 18 days if you posted and mailed the notice. You must also determine the value of the property, which dictates the method of disposal. If the property is worth less than $700, you can dispose of it however you choose. However, if the property is valued at over $700, you must sell the property at a public sale. You should consult with an attorney prior to selling abandoned property at a public sale.
Q2: My tenant moved out and left my apartment a mess! There are a lot of used clothes and furniture left behind. How do I determine the value of the abandoned items?
A2: The law does not detail how you are to calculate the value of the abandoned personal property. A good rule of thumb is to use the estimated price of the item if sold at Goodwill or the Salvation Army. Make sure you photograph all the items so you have proof of the condition of the property.
Q3: I want to get my unit rented to a new tenant as soon as possible. Can I move my tenant’s personal property that he left behind while I wait for the Notice of Belief of Abandonment to expire?
A3: Yes, you may move the tenant’s personal property to a dry and secure location, such as a storage unit or garage on the property. You may also move the personal property into an off-site storage area.
Q4: I have not heard from my residential tenant in over a month, and he has not paid rent. I think he has abandoned the unit. I posted a proper 24-hour notice to see if the unit was abandoned, but he’s left a TV, a sofa, clothing, and other miscellaneous personal items in the apartment. I still think the property is abandoned. Do I need to serve a notice before taking possession of the property?
A4: Yes, serving a Notice of Belief of Abandonment is appropriate when the tenant has not given you back possession of the property; the tenant has not paid rent for at least 14 days; and you reasonably believe the property is abandoned. If the tenant does not claim a right to the property within 15 days (if personally served) or 18 days (if posted and mailed), then you may take back possession of the property. At the time you serve the notice of belief of abandonment, you should also consider serving a notice of right to reclaim abandoned personal property, which lists the personal property left in the unit.
Q5: My tenant is renting my condominium on a month-to-month basis. The neighbor reported to me that an ambulance took my tenant to the hospital and he later passed away. Does the tenant’s death terminate the month-to-month tenancy?
A5: Yes, the tenancy will terminate 30 days after the rent due date of the last rent payment that was made by the tenant. For example, if rent is due on the first day of each month and the tenant paid rent on January 5, 2025 and subsequently passed away, the 30-day period would begin from January 1, 2025 and expire on January 30, 2025. Additionally, if the deceased tenant assigned their interest in the premises to another person, the assignee may reside on the premises until 30 days have passed since the due date of the last rent payment received. You should contact the next of kin/executor to discuss the removal of the deceased tenant’s personal property.
The law firm of Simone & Blevins has been doing evictions for over 28 years. Their office is open Monday – Friday from 9:00 AM to 5:00 PM. Tel: 619-235-6180, website: www.landlordslegalcenter.com, or email info@simonelawfirm.com.