Abandoned Property Notice

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The Abandoned Property Notice is used when the Landlord has sufficient proof that the rental unit is abandoned and personal property was left behind.

Document Last Modified: 3/27/2023

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State Specific Clauses

MA State Assist

At least 48 hours before executing a writ of possession, the executing officer must give the tenant written notice of the specific date and time that he will physically remove his personal possessions.

Among other things, the notice must state (1) the name, address, and telephone number of the storage warehouse and (2) that the warehouser may sell at auction any property that is unclaimed after 6 months and may the proceeds necessary to compensate him for any unpaid storage fees accrued as of the date of the auction. A defendant has the option of telling the officer where to store the property at any time before it is physically removed.

The landlord must pay the removal fee, but he is entitled to reimbursement from the tenant.

The warehouser has a lien on the property equal to the cost of storage. After the property has been stored for at least six months, the warehouser may enforce the lien by selling or otherwise disposing of the property. The defendant may postpone the sale or disposal of his property for three months upon payment of one half of all storage fees plus costs reasonably incurred in preparation for their sale.

How To Use The Abandoned Property Notice

When a landlord has sufficient proof that a tenant of their property has abandoned the residence then the landlord may use this notice to give to the tenant. This notice makes the tenant aware of the situation and begins the 30 day period for the tenant to contact the landlord before the landlord is able to regain control of the property through the official abandonment process.

This notice can be used when the landlord has definite proof that the tenant has vacated the property even if they have left some of their personal property behind.

Note: Each state has a different method of handling this situation. Some states have specific ways methods and procedures that should be followed in order to regain possession of the property and dispose of any personal items the tenant may have left behind.

The Information In The Notice

The notice itself lets the tenant know that the landlord has made many attempts to contact them with no success and therefore is deeming the property abandoned. The form also details what was left behind at the property and when the landlord entered the premises to make this assessment.

Car
Jewelry
Clothes
Appliances
Bedding

The notice is dated and instructs the tenant to respond to the notice within 30 days of this date or the landlord will begin the abandonment process.

All of these details are included to ensure the tenant is fully aware of the situation and how to cure it should they come back to the property within the 30-day compliance period.

Timing

During the 30-day period there are marks of time that allow the landlord to remove possessions from the property and even sell them. Tenants and landlords should keep in mind that this property may be stored and sold for the profit of the landlord if the property and the personal possessions inside have been abandoned.

Advice and Tips

The professional team at EZ Landlord Forms have years of experience and tricks that they offer in articles applying to being a property owner and manager overall and that relate to the rules of specific states. These can be found at: https://www.ezlandlordforms.com/articles/news/