Chapter 10: Dealing with Personal Property After the Tenant Leaves

A. Removing Abandoned Property
B. Storing the Property
C. Disposal of Property
D. Recovering the Property

It is important to find a balance between the interest of the landlord in recovering the cost of handling and sorting a tenant's possessions and the tenant's interest in keeping his property and not being left destitute.

If the landlord carefully follows the procedures outline in 90.425, the landlord will be able to recover all reasonable hauling, storage of disposal charges in most instances. If the landlord completely complies with 90.425 and acts in good faith the landlord has a complete defense against a lawsuit by the tenant for the loss or damage of the tenant's property.

However, if the landlord seizes or keeps control of the tenant's property without following the procedures, the tenant is not liable for any unpaid rent of willful or deliberate damage to the rental property. The tenant may also recover twice the amount of actual damage sustained by the tenant.

A. Removing Abandoned Property

The Act allows the landlord to take control of the tenant's abandoned personal property only under certain specific circumstances:

when a lease expires or when the property is abandoned and the landlord believes the tenant has left the personal property with no intent of asserting any further claim over it;

if the landlord has won an eviction and obtained legal order ending the tenancy and the tenant has been continuously absent for at least 7 days, and the landlord has not had the sheriff enforce the legal order; or

if the landlord has won an eviction, used the sheriff's office to enforce the legal order, and the landlord has decided to take responsibility for the control, storage, and disposal of the tenant's property.

The landlord must notify the tenant by sending a notice by first class mail to the most recent address known to the landlord.

The notice should state that the property will be sold as abandoned or otherwise disposed of if not removed by a specific date not less than 15 days after delivery of notice.

B. Storing the Property

The landlord must store the property in a safe place, but is entitled to the cost of storage, including actual storage charges for commercial storage.

If the tenant does not respond to the notice by the date specified for the sale, or fails to get the belongings within the time specified in the notice or within 15 days of the tenant's written response to the notice (whichever is later), the property is deemed abandoned.

C. Disposal of Property

After the notice of abandoned property is given to the tenant the landlord may:

sell abandoned property at a public or private sale (79.5040(3));

destroy or dispose of it only if the current fair market value of the property is less than $500, or the cost of storage and sale probably exceeds the amount the sale would produce; or

donate the property to a non-profit organization or to an unrelated person.

If the landlords sells the abandoned property, the landlord may deduct the costs of storing and selling the property, plus any unpaid rent owed.

If any money remains from the proceeds of the sale, it shall be sent to the tenant or held by the county treasurer for 3 years if the tenant cannot be found. If unclaimed, the money will go to the county's general fund. ( 90.245(9))

A landlord who is found to have damaged a tenant's belongings by negligence may be liable to the tenant. In the event of deliberate and malicious damage, the landlord may be held for twice the actual damages, which may include emotional distress damages. It is extremely risky for a landlord to try to use the abandoned property remedies to lock out a tenant.

D. Recovering the Property

The tenant's remedies vary with the methods used in taking the property.

Sheriff-Removed Belongings

The tenant may recover some or all of the belongings by immediately filing a Claim of Exemption (contained within a sheriff's notice).

If any belongings are not exempt, or even if no Claim of Exemption was filed, a tenant probably may recover the belongings by bidding at the sheriff's sale. Therefore, tenants should stay in touch with the sheriff's office to be informed of the time and place of the sale.

Notice of Abandoned Property

If the tenant receives a notice from the landlord stating that the landlord considers the tenant's personal property to be abandoned, the tenant must act to remove the property by a specified date (no less than 15 days after deliver of the notice), or the landlord may sell or dispose of the property.

Landlord Selling Property

The Landlord may decide to take responsibility for the storage and disposition of a tenant's personal property after a sheriff has removed a tenant under legal order. The landlord's notice to the tenant must state that the tenant may pick up the property, by the specified deadline, without being charged removal and storage costs. (105.165)

A tenant may claim property that is being stored by the landlord by written or verbal notice. The minimum time allowed for a tenant to claim abandoned RV's, dwellings, or homes is 45 days. For all other abandoned property, the minimum time allowed for a tenant claims the stored property is 5 days if the notice was served by personal delivery or 8 days if served by first class mail.

After the tenant responds to claim the stored property, the landlord must allow an additional period of time for the tenant to remove the property: 30 days for the RV's, dwellings of homes; 15 days for all other personal property, both stating for the date of response.

A landlord shall store the abandoned property in any place of safekeeping, including the dwelling until of the landlord's garage. However, dwelling and homes must be stored only in the rental space. The storage charge for an abandoned dwelling or home may not exceed the amount of rent last paid for the space by the tenant.

The landlord must make the property available for removal by appointment at reasonable times. If the landlord fails to permit the tenant to recover the personal property (i.e., he tries to impose an illegal charge), the tenant may recover twice the tenant's actual (may recover twice the tenant's actual damage) or twice the actual rent, whichever is greater, in additional to other possible damages. (105.165)

Chapter 9: Evictions & Other Landlord Remedies | Top | Appendices
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