Instructions for Notice of Right to Reclaim Abandoned Property
If you have the tenant sign the abandoned property agreement attached immediately below the “Abandoned Property Notice” you may dispose of the tenant’s abandoned property as you wish with out any notices.
If the tenant was evicted by the sheriff, such property should now be on the curb and you have no further responsibility for its disposition.
If you did not execute an abandoned property agreement and the tenant has left personal property behind without the benefit of having been evicted, you must issue a “Notice of Right to Reclaim abandoned property.” The landlord must have a “reasonable belief” that the property is abandoned. The landlord should engage in reasonable inquiry as to the fate of the tenant in determining if the property has been abandoned.
Delivery: Send a copy to the former tenant by certified mail with a copy by regular mail. If there are other tenants or other persons you believe might own the property abandoned at the premises you must notify them too.
Contents of Notice:
Time to claim the property: the tenant has 10 days from delivery, or 15 days from the date of mailing to reclaim the property.
Public auction: Property valued over $500.00 is supposed to be sold at public auction and the proceeds remitted to the county and deducting costs. The auction must be advertised once a week for two consecutive weeks in the newspaper. The notice must state the time and place of the auction, the tenant’s name, the property address, and describe the goods. The auction must take place at least ten days after the first publication and no later than five days after the second publication.
Law Offices of: