So what happens after you have won your eviction and you now have legal possession of your property? The first thing most landlords do is go inspect it. But what happens when you find the tenants left behind their personal belongings such as furniture, clothes, electronics etc.?
There are steps you need to follow to legally dispose of them.
The first thing to do is make a detailed inventory list of the items left behind.
For residential properties, if the items are valued at less than $700.00 then the items can be deemed as trash and disposed of. When trying to calculate value, yard sale type pricing applies. Taking pictures of the items is a good idea in case there is a dispute later.
If the total of the items left behind is valued at over $700.00, then you need to post a notice of right to reclaim abandoned personal property on the unit and mail to their last known address. You can also personally deliver it to the tenant. This free notice is available in the free eviction notices section of our website. The notice needs to state that you will keep their belongings for 18 days if mailed, or 15 days if hand delivered. Here are some points the notice should cover.
description of the items
location where items will be kept
time frame for the tenant to reclaim property
explain that tenant must cover costs of storage and transportation if the wish to recover their items
a statement saying items will be disposed of or sold if the tenant doesn’t claim them in the time frame specified
Next, you need to move the belongings to a safe and secure location such as storage. We recommend waiting 2 days after sending the notice in case the tenant decides to come pick it up right away. If this is the case, the tenant can remove their belongings with no additional costs to them within the 2 days.
Once the given time frame has expired and they have not claimed the property, you must advertise a public sale in the newspaper for 6 weeks and hire an auctioneer. You can use the proceeds to cover costs of storage, advertising and transportation but must turn over any money left over to the treasury of the county where the tenant then has 1 year to reclaim their money. Even if they owe you money you must turn the funds over to the proper municipality. There are companies that offer a service that handles this process for you as it can be very tricky.
If you believe the items are over $700.00, we recommend consulting an attorney as the process is very precise and if not handled properly can cause additional legal issues, lawsuits etc.
There are different rules for commercial property (meaning you rented to a business and not for residential purposes.) For Commercial property left behind the process is similar the difference is that the dollar amount for value of items left behind is $2500.00 or equal to one month’s rent whichever is greater.