Evictions can be stressful for both you and your tenants. When a tenant vacates a rental property, whether voluntarily or through an eviction, they sometimes leave behind personal property. As a landlord, it's important to understand the legal steps required to handle these belongings properly.
Follow Legal Procedures
New Jersey landlord-tenant law requires you to follow specific procedures when dealing with a tenant’s abandoned personal property after an eviction. After the eviction is finalized, you cannot immediately dispose of the tenant’s belongings. Instead, you must provide written notice to the tenant, informing them of how they can reclaim their property and any associated storage costs. Failure to comply with these requirements can result in legal complications.
Provide Proper Notice to the Tenant
The law requires you to give the tenant written notice detailing the items left behind and how long they have to reclaim them. The notice should be sent via certified mail to the last known address of the tenant. The timeframe for retrieval varies, and typically, you must allow at least 30 days. If the tenant fails to request their belongings within the given period, you may proceed with disposal.
Store the Belongings Properly
As a landlord, you are responsible for storing abandoned personal property in a secure location. This could mean keeping it in the rental unit or moving it to a storage facility. You may charge the tenant reasonable storage fees. If the tenant does not pay the required fees or fails to claim their belongings, you may have the right to sell or dispose of them.
Recovering Costs from the Tenant
If the tenant leaves behind personal property, you may incur additional costs for storage and disposal. These costs can sometimes be deducted from the security deposit, but only if state laws and the lease agreement allow it. If the security deposit does not cover the full amount, you may consider taking legal action to recover additional funds. Court costs should be considered before pursuing legal action.
Selling or Disposing of Unclaimed Items
If the tenant fails to reclaim their belongings within the given timeframe, you may sell, donate, or dispose of the items. If selling, New Jersey law may require you to provide the tenant with a portion of the proceeds after deducting any unpaid rent or storage fees. It’s essential to keep detailed records to justify your actions in case of any disputes.
Work with a Property Management Company
Dealing with evictions and abandoned belongings can be overwhelming. A property management company can handle everything from eviction notices to abandoned property. A professional property manager ensures compliance with local laws, reducing the risk of legal complications for property owners.
Let CMS Property Management Handle Your Property
Managing a tenant’s abandoned belongings requires strict legal compliance. By following New Jersey’s guidelines, providing proper written notice, and working with a reputable property management company, landlords can avoid potential legal issues. At CMS Property Management, we specialize in eviction assistance, tenant relations, and full-service property management to ensure everything is handled smoothly and legally. Let us take care of the details so you can focus on your investment. Contact us today to learn how we can assist you with evictions and property management!