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As per individual state laws, if a holder of a property is not able to get in touch with the owner of a property within a stipulated period of time, that property is called an abandoned or unclaimed property. Usually, the time period is for about three years. Such type of abandoned property may include financial assets as money left in bank accounts, unclaimed wages, stock certificates, money orders, refunds, and utility deposits and so on. In many cases, these properties refer to intangible assets. But, in some cases, they may also refer to tangible belongings. Many times, when tenant vacates an apartment and leaves their belongings behind, a landlord may have several questions about those abandoned property items. Below are answers to few of the more common legal questions about laws on abandoned property: How long can a landlord in Massachusetts retain the abandoned property of a tenant, if they have left their belongings behind even after vacating the rental unit?
According to the law in Massachusetts, no one can have the legal right to get rid of a personal property despite being left as an abandoned property. Usually, in a case like this, if a tenant has failed to take his or her belongings along with them while moving out, the landlord does not have any right to throw or get rid of them. The landlord would need to keep the items for a minimum of six months as per M.G.L. c. 239 §4. He would need to send a written eviction notice to the tenants and let them know about the items being stored in the rental unit. In some cases, the tenant may provide a different place for storage of the items. In that case, the landlord would have to transfer the property items to the location mentioned by the tenant. However, all the related expenses such as storage costs and shifting expenses would have to be borne by the tenants. Finally, in case the tenant fails to claim the property even after six months, the storage company can have the items sold and they could keep the proceeds they would receive from that sale. What could be the best thing for a landlord to do if the tenants have left their property in a rental house that is no more occupied by them? The property is worth for more than $500 and the apartment is in Florida.
According to the Florida Stat. § 715. 04 et seq., the landlord would be required to send his tenant a written notice that should describe the property in adequate detail. This would help the tenant in recognizing what property the landlord is talking about. The notice should also mention the number of days the tenant would have in order to claim back their property. If the notice is posted or mailed to the tenant, a landlord may offer a fifteen days time for the tenant to collect the items. Otherwise, ten days is what the tenant would normally have. Additionally, how much cost the tenant would need to pay as storage expenses and where the tenant should go to claim the property are some of the other points the notice should mention about. Finally, the landlord would also need to point out that should the property not be claimed on time, then in that case, it would be sold at a public sale and the items that are considered to have a lesser value to $500 would be either kept or sold. In some cases, they may even be destroyed. Once the deductions are done from the storage, advertising and sale, the landlord would need to give the remaining proceeds to the county. Usually, there is a specific time period for every landlord to retain an abandoned property and it varies from one state to another depending on the state laws. However, in most cases, taking care of a property that has not been claimed by a tenant becomes a hassle for a landlord. This is because a disposal of the abandoned items becomes one of the landlord’s responsibilities. Therefore, it is always a better idea for the tenants to take their belongings along with them while they vacate a rental unit. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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