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Managing The Property : Legal
Determining Abandonment You must use reasonable judgment to determine whether or not a rental unit has been abandoned.

Criteria

The tenant(s) must owe rent and must by led you to believe that they have abandoned the unit. The law will hold the owner  or manager to standards of "acting reasonably" when determining whether property has been abandoned. 
Look for items needed in daily living:
  • Inspect the bathroom: Are personal items still there?
  • Inspect the kitchen: Is the food in the refrigerator fresh or spoiled?
  • Ask the neighbors:  When was the last time you saw or heard from the people living in this unit?
  • Talk to the postal employee: Is the  mail to your tenants being forwarded? Are there utility notices still on the door?
There are many things to take into consideration when determining whether or not a tenant  has abandoned the property. It is a judgment call you must make through observation, the tenants words and/or actions. Be sure that there hasnt been a family emergency or perhaps a vacation.

Some General Guidelines
  • Store the property in a safe place. It may be left in the apartment if it is secure
  • You do have liability for any damaged or lost property.
  • If you have any information that may help determine "acting reasonably" the Owner /Manager must look further until a prudent decision can be made.
After moving out of a rental unit
  • A tenant may write the former landlord requesting that the personal possessions left in the rental unit be returned. The tenant should make the request in writing.
  • The owner/manager must return these items and can include a bill for the cost of storage and shipping. This cost should be agreed upon by the tenant before items are shipped.
  • The returned items should be itemized and all reasonable shipping and storage charges can be passed onto the tenant
  • There are time frames involved and you should be careful to act in a reasonably short period of time after receiving a request to return possessions.
Abandoned Property

The rules for abandoned property are complex and can vary by state. Before you act please talk to your advisor or your apartment association to avoid possible lawsuits.

Notify all possible owners of the property

Tell them if a sale is pending and give them two dates. First a deadline for them to pick up their possessions. Secondly a time and place for the possessions to be sold or auctioned should they not come for their possessions.

If the deadlines have passed the Owner/Manage has two options:

If the items are under $300.00 the owner may keep them or dispose of them. If they are over $300.00.The owner should sell the property and put a notice in a publication. These laws may change and vary from state to state.

After deducting costs for storage and fees the difference must go to the county in which the abandonment was located.

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