How to Handle Abandoned Property as a Landlord

The landlord bears the responsibility to know the law regarding the handling of abandoned property. The laws are specific in terms of taking possession of the property and disposing of personal belongings. Seek legal counsel for assistance before taking action against a tenant.

Instructions

1. Confirm that the property has been abandoned. Look for outward signs of abandonment, such as unsecured premises or accumulated mail. Solicit information from neighbors.

2. Make several attempts to contact the tenant by registered mail and phone at the address of the abandoned property, at the workplace and through references. Maintain a log of the attempts to contact.

3. Contact the police in the event the property is not secure. Report opened or damaged windows or doors. Ask that the police come to the address to file a report. Accompany law enforcement to secure the property.

4. Check with an attorney and find out the number of days that are required before entering the premises. Take advantage of the 24-hour notice to enter the premises for most landlords and property owners. Make every effort to notify the tenant using available contact information.

5. Get a court possession order. This is a requirement by state law when there is no response from the tenant. Enter the property in the company of the sheriff and a witness to assess the condition of the property and to inventory the contents.

6. Remove the tenant's possessions from the premises per the law regarding abandoned property. Arrange to have the possessions put in storage for the set amount of time and attempt to notify the tenant of same.

7. Dispose of the possessions by donating them or at public sale. Note the proceeds and credit the amount against additional charges for moving and storage of the possessions, unpaid rent, damage to the property and legal fees.

Tips & Warnings

• Always get two unrelated contacts for the tenant when renting a property. Verify the contacts before approving the tenant for a lease.

• The laws regarding abandoned property tend to favor the tenant and create a lot of work for the landlord.

• Though details regarding notification do vary, it's vital to know the laws in your state as a landlord.