News Bulletin

From the Law Office of Michael D. Mirne
3200 Sunset Avenue Ocean, NJ 07712
(732) 988-7200 Fax (732) 776-7444
Internet: www.mirnelaw.com

How Do I Dispose of a Tenant's Belongings?

In today's newsletter, we will examine the question of what you should do with a tenant's belongings after move-out. The scenario, which is quite familiar to many landlords, usually presents itself either following an eviction, or after the tenant voluntarily abandons possession of the rented premises.

The law regarding the disposal of tenant's belongings is rapidly changing. The Abandoned Property Act imposes several requirements upon landlords prior to disposing of a residential tenant's property. The rules are as follows:

1. Intent - The Landlord must either have written notice from the tenant that he/she is abandoning the premises or have an executed warrant of removal;

2. Written Notice - The Landlord must notify the tenant by certified mail, at the tenant's last known address, of his/her right to retrieve the abandoned possessions. The Notice must also inform the tenant that his/her belongings may be discarded or sold if not claimed within 30 days.

3. Storage - During this 30-day period, the Landlord is required store the tenant's belongings. Under the law, the landlord may charge the tenant reasonable fees for the storage, or in the event that the possessions are placed in a commercial storage facility, the landlord may seek reimbursement from the tenant.

4. Disposal - Following the 30-day period, the landlord has the right to dispose of or sell the abandoned belongings. No disposal should occur less than 30-days from the time the Notice is delivered to the tenant.

The requirements of the Abandoned Property Act are somewhat onerous. In most cases, a Landlord will not comply with the Act, and in doing so, takes a calculated risk that the tenant will not attempt to reclaim his/her possessions. While abandoned property is rarely reclaimed, landlords who do not comply with the Act may expose themselves to substantial liability depending on the value of the items discarded. Landlords should be further reminded that even following the lockout, the tenant is given a ten day period with which to petition the Court for a "hardship stay." In light of this rule, landlords should not make any plans to re-rent an apartment until ten days after a lockout.

This office currently handles evictions in Monmouth, Mercer, Ocean, Middlesex, Passaic, Hudson, Union, Essex, Bergen and Sussex Counties. Should you have any questions, please feel free to contact us.