How do I handle abandoned tenant property?
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How do I handle abandoned tenant property?
I have a tenant who abandoned the property, rather than face eviction for unpaid rent. He left a substantial amount of things behind. I am waiting until a deadline that I notified him via certified mail expires before selling anything. I plan to sue the tenant for unpaid rent (there is nothing left in the security deposit due to damages). I don’t know how long it will take me to sell off the possessions, if I will even be able to sell them, or if the amount will cover the rent. Do I have to wait to sue until I’ve sold things or do I file suit and then adjust the amount later?
Asked on August 8, 2011 Maryland
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are wise to have sent the former tenant notice via certified mail, return receipt requested to pick up his abandoned property before disposing of it in that most states require similar notice to be sent by the landlord.
You need to carefully read your state's statutes concerning disposal of abandoned possessions by a former tenant. Some states require publication of an auction notice and service of the notice upon the former tenant where the left behind items are sold to pay the landlord past due rent and damages.
If you have the time, it would be best to file an action against the former tenant for what is owed you sooner rather than later, serve him or her with the summons and complaint and go to trial for what is owed. This can happen before any auction or sale of abandoned property. The amount received from the sale or auction of the abandoned property can be used to pay off a portion of the judgment you hopefully obtain.
Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are wise to have sent the former tenant notice via certified mail, return receipt requested to pick up his abandoned property before disposing of it in that most states require similar notice to be sent by the landlord.
You need to carefully read your state's statutes concerning disposal of abandoned possessions by a former tenant. Some states require publication of an auction notice and service of the notice upon the former tenant where the left behind items are sold to pay the landlord past due rent and damages.
If you have the time, it would be best to file an action against the former tenant for what is owed you sooner rather than later, serve him or her with the summons and complaint and go to trial for what is owed. This can happen before any auction or sale of abandoned property. The amount received from the sale or auction of the abandoned property can be used to pay off a portion of the judgment you hopefully obtain.
Good luck.
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