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Has My Tenant Abandoned My Property?
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Being a landlord, you have many responsibilities. You take care of your property and your tenants. In most cases, you cannot avoid encountering several problems, especially regarding your tenants. Perhaps the worst case scenario would be when your tenant has abandoned your property. So what can you do then in this situation? First of all, there are tell-tale signs that you should see for yourself to confirm if the tenant has abandoned the property. In addition, several state laws require you to take some steps before doing re-leasing the property if any personal belongings are left by the tenant. Check the rules applicable in your local area. On the other hand, here are some details generally pertinent in most areas.
To be sure that the property is really abandoned, you have to wait until the rent has not been paid for a particular date. In some states, the grace period is 14 days after the due date or two months of unpaid rent without prior notice. See if the tenant's mailbox is either stuffed or empty. Ask the neighbors if they have seen the tenant move out. The last prominent sign is if you are repeatedly trying to reach yet unable to contact the tenant. The next step is that you should write to the tenant expressing your belief that your unit has been abandoned. Mail it to either or all the tenant's last known address, e-mail or workplace. Your letter should include the details of your observations, the delinquent payments, if any, and the date of the lease termination or cancellation.
If the tenant has left behind some properties, you should dispose them according to the laws in your area. This situation is then called "bailment." The common protocol for this is that you should properly store all items. If the renter comes back, you should return it. But the tenant could only re-claim possession if he made a written request within the period specified by state laws. The common timeframe is between 15 to 20 days after leaving the premises. He should also pay the storage costs. After 3 days upon payment, he could recover the properties.
Moreover, there are two classifications of these properties. The first one is the "lost" property, and the other one is called "abandoned." The former is unintentionally left, and usually valuable like cash worth $100 or more and jewelry. Turn these in to the police station or the sheriff's department. If for 90 days the owner could not be found, you can claim the property. If either authority accepts the properties, then these would be considered as abandoned.
Firstly, notify the tenant again of his properties. If there is no response usually within 18 days upon your notification, you could either keep them or enter a public sale. You could only keep (or throw away) the unclaimed things amounting to less than $300. In doing the sale, you have to publish notice of the sale. The proceeds would be divided between you and the county treasurer. You are entitled to an amount equal to the costs you have paid for publishing, storage and holding the sale. After a year that the earnings were not claimed from the treasurer, you can claim the money. Note that if you have not done any of these measures, the tenant could legally take back his belongings.
If you strictly follow the said rules for disposing, storing or selling of either classification of property, the tenant could not hold you liable for any misconduct regarding his properties. Otherwise, the tenant has legal rights to demand you pay for money damages equal to the property values and other costs he may procure during the re-possession process. This is why it is very critical that you immediately consult your lawyer as to your options when a tenant has apparently left your unit without proper notice.
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Article Submitted On: October 22, 2009
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MLA Style Citation:
Hidalgo, Marikor "Has My Tenant Abandoned My Property?." Has My Tenant Abandoned My Property?. 22 Oct. 2009 EzineArticles.com. 25 Nov. 2009 <http://ezinearticles.com/?Has-My-Tenant-Abandoned-My-Property?&id=3136600>.
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APA Style Citation:
Hidalgo, M. (2009, October 22). Has My Tenant Abandoned My Property?. Retrieved November 25, 2009, from http://ezinearticles.com/?Has-My-Tenant-Abandoned-My-Property?&id=3136600
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Chicago Style Citation:
Hidalgo, Marikor "Has My Tenant Abandoned My Property?." Has My Tenant Abandoned My Property? EzineArticles.com. http://ezinearticles.com/?Has-My-Tenant-Abandoned-My-Property?&id=3136600