Providing Proper Notice
Research your state requirements. Each state has different laws about the notice you must provide an ex-tenant before disposing of his or her abandoned property. Some states even provide sample notice forms for you to use. To find your state’s requirements, you will need to do research. Perform Internet research. You can try to find your state’s laws by typing “tenant abandoned property” and “your state” into your favorite web search engine. A summary of 37 state laws is available from the Connecticut General Assembly at https://www.cga.ct.gov/2006/rpt/2006-r-0164.htm. You should still perform additional research since the laws might have changed in the interim. Visit your local law library. The nearest law library might be in the courthouse or at a nearby law school. You can tell the librarian that you are researching how to handle property abandoned by your tenant. Ask to see a copy of your state law. Stop into your town office. Your town office might have information about what procedures you must follow when handling the property.
Hire a lawyer. If you don’t want to do all of the research on your own, then you can hire a lawyer to help you draft appropriate notices and dispose of the property legally. To find a qualified attorney, you can call your state’s bar association, which should offer referrals. Be mindful that you don’t need to hire the lawyer to do everything for you. Instead, many lawyers now offer to coach people or to look over documents. You could hire a lawyer to look over your notices and tell you if anything is missing.
Draft the notices. You should follow your state requirements and include all required information in the notice. Generally, regardless of your state, you will need to provide the following: A detailed description of the property. Come up with a list of abandoned property. If someone left behind containers or trunks, don’t open them. Simply include “trunk” or “container” on your inventory list. You can also videotape or take pictures of the property. The estimated value of the property. Beside each item, list the resale value. If you don’t know, then go onto eBay and check how much the items are selling for. The location where the tenant can pick up the property. The purpose of the notice is to let the ex-tenant know where he or she can get the property. State the location. How much time the tenant has. You don’t need to hold onto the property indefinitely. Check with your state law, which lists the maximum amount of time the tenant has to reclaim the property. How you will dispose of the property. Let the tenant know what you will do with the property if he or she doesn’t reclaim it.
Serve the notices. You should mail the notices certified mail, return receipt requested. The receipt will be useful if the ex-tenant shows up after the deadline and wants to reclaim the property. Mail the notice to any forwarding address or to the tenant’s last known address. You should also be extra careful and ask any known associates of the tenant if they know where the tenant has moved to. Be sure to send a copy of the notices to any address they give you. In Kansas, you need to publish your notice in the local newspaper. However, if you know where the ex-tenant has moved to, you should also send a letter addressed to the tenant.
Disposing of Property
Follow your state’s rules. States have different rules about how you can dispose of the property. The state might require that you take different steps. For example: Appraise the property. Some states won’t allow you to dispose or keep property unless it falls below a certain dollar value. For example, in California, a landlord must sell at public auction property worth at least $300. If it is worth less, then the landlord can keep the property or dispose of it any way he or she chooses. Sell at a public sale. Your state law will also explain how you can sell property. In some states, you have to sell using a public auctioneer after providing notice to the public. Other states will give you greater leeway in how you sell the property.
Report abandoned vehicles. Typically, your state will treat abandoned vehicles differently from other property. If the tenant left behind a vehicle, then do the following: Get information about the car. Collect the car’s license plate number, make, model, and vehicle identification number (if possible). Call the police. Give the information to the police and tell them where it is parked. Have the car towed. After the police look at the vehicle, they will probably arrange to have the vehicle towed off your property.
Leave fixtures. You can generally leave a “fixture” in the apartment. A fixture is anything that has become permanently attached to the property. For example, built-in bookshelves become part of the apartment. You do not need to remove them and let the tenant pick them up.
Transport and store the property. Your state law will require that you store and keep safe all of the tenant’s property. If the tenant left behind large objects, such as furniture, then you might want to hire movers and rent space with a storage facility. Supervise the transportation so that movers handle the property carefully. If you end up breaking something, then you could be liable for the damage. If you don’t need to rent the apartment immediately, then you might want to leave everything in the apartment until the deadline passes for the tenant to pick up the abandoned property. After that point, you can move everything into storage if you want.
Sell the property. If you choose to sell the property (and your state allows you to sell), then you should settle on a sales method that works for you. You might consider the following: Find an auctioneer. Some states will require a public auction using a bonded auctioneer. You can find one by searching the Internet for “public auctioneer.” You can also visit the auctionzip website, which has a directory of auctioneers. Sell on eBay. You can sell almost anything on eBay. You set a minimum asking price and people will bid in an online auction. You can use eBay to sell all items or use it only for smaller items, such as clothing and books. Advertise in the newspaper. You can still reach a large audience by advertising in your local newspaper. You might choose to advertise only big-ticket items, such as furniture. Have a garage sale. Your state might allow you to sell the items using a garage or yard sale. This can be a great way to move masses of small items. For example, you can sell paperback books by the carton, or you can put pots and pans in a box and sell them together.
Use the proceeds to cover your costs. Depending on your state law, you may use the proceeds of a sale to cover the costs of hauling and storing the abandoned property. You should always keep receipts of how much it costs, in case the tenant shows up at a later date demanding all of the proceeds. Depending on your state, you can also use proceeds to make up any past-due rent.
Hold onto the proceeds. After making deductions for storage costs and back rent, there might be money left over. Many states require that you hold onto the proceeds for a certain amount of time. If the tenant returns to claim the proceeds before the deadline, you must hand the proceeds over. In Washington, for example, you must hold the money for one year. After the passage of a year, you own the money. In Pennsylvania, by contrast, you must forward the proceeds to the tenant at his or her last known address. If you don’t have an address, then you must hold onto the proceeds for 30 days. After 30 days, the landlord can keep the proceeds.
Pay the proceeds to the state. In some states, you have to turn proceeds over to the state. Check your state law to make sure that you forward the money to the state if required.
Disposing of Garbage
Identify garbage. You can always dispose of garbage, which has no value. It includes: rotting food newspapers and other paper waste empty bottles and cans
Err on the side of caution. You might not know whether a dress left behind is an abandoned cast-off destined for the landfill or an expensive piece of vintage clothing. Accordingly, you shouldn’t be too quick to label something “trash.” If you throw out something that isn’t obviously garbage, you could face penalties. Get another person’s opinion. To be safe, you should hold onto all property unless, like rotting food, it has no potential resale value.
Bag it. Gather up all of the garbage in trash bags and put them in the dumpster or on the curb. If you have to pay to have your trash disposed of, then hold onto the receipts. You might be able to deduct the amount you spent disposing of the trash from the sale of the property left behind by the tenant.
Make repairs. You can always use any security deposit to make repairs if the tenant damaged your apartment. You can also use the deposit to clean excessive dirtiness. However, you can’t use the security deposit to address normal wear and tear. To protect yourself, you should take pictures or video of any damage (such as broken walls, animal stains, or broken appliances). In this way, you will have proof of why you deducted money from the security deposit. If the tenant didn’t pay a security deposit, then you will either have to pay for the repairs yourself or sue the tenant. You should meet with a lawyer to discuss your options.
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