Okay our tenant is gone, what do we do with the leftover stuff?

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This slideshare presentation outlines the process and requirements as how to dispose of or sell personal property left by a tenant after the tenant abandons a leased premises.

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Okay our tenant is gone, what do we do with the leftover stuff?

  1. 1. Okay our tenant is gone, what do we do with the leftover stuff?<br />Minn. Stat. §504B.271<br />
  2. 2. If your tenant abandonsthe rented premises: <br /><ul><li>The landlord can take possession of the tenant's personal property that remains on the rented premises
  3. 3. Prior to any sale as allowed under Minnesota law, the landlord shall store and care for the tenant’s personal property.
  4. 4. The landlord has a claim against the tenantfor the reasonable costs and expenses incurred to remove as well as to store and care for the tenant’s personal property1.</li></li></ul><li>The processto dispose <br />of your tenant’s abandoned personal property:<br /><ul><li>The landlord may sell or otherwise dispose of the tenant’s personal property the later of:
  5. 5. 28 days after the landlord receives notice of the tenant’s abandonment of the rented premises; OR
  6. 6. 28 days after the landlord reasonably believes that the tenant has abandoned the rented premises2.</li></li></ul><li>Notice to tenant of the sale<br />of the tenant’s abandoned personal property:<br /><ul><li>At least 14 days prior to the sale of the tenant’s personal property, the landlord shall make a reasonable effort to notify the tenant in writing of the sale by:
  7. 7. personal service; OR
  8. 8. first class certified mail to the tenant’s last known address; AND
  9. 9. posting notice of the sale in a conspicuous place on the rented premises two weeks prior to the sale3.</li></li></ul><li>Landlord may retainproceedsreceived from the sale of the tenant’s personal property for costs related to:<br /><ul><li>the removal of the tenant’s personal property;
  10. 10. the care of the tenant’s personal property;
  11. 11. the storage of the tenant’s personal property;
  12. 12. to compensate landlord for tenant’s failure to pay rent or amounts due to the landlord under the lease agreement;
  13. 13. to restore the rented premises to the condition it was at the beginning of the lease;</li></ul>Any remaining proceeds shall be paid to the tenant by landlord upon written demand of tenant4.<br />
  14. 14. Returnof tenant’s personal property<br /><ul><li>Prior to a sale of tenant’s property, a landlord must allow tenant to retake possession of a tenant’s personal property within 24 hours of the written request of the tenant to landlord (if during the week) ORwithin 48 hours (if during a weekend or holiday) of tenant’s written notice, exclusive of weekends and holidays.
  15. 15. If landlord fails to allow tenant to retake tenant’s personal property, the tenant shall recover from the landlord punitive damages not to exceed twice the tenant’s actual damages or $1,000, whichever is greater, in addition to tenant’s actual damages and attorneys fees5.</li></li></ul><li>Determining tenant’s punitive damages<br /><ul><li>To determine tenant’s punitive damages the court shall consider:
  16. 16. the nature and value of the property;
  17. 17. the effect the deprivation of the property has had on the tenant;
  18. 18. if the landlord or other person acting under the landlord's direction or control unlawfully took possession of the tenant's property; and
  19. 19. if the landlord or other person under the landlord's direction or control acted in bad faith in failing to allow the tenant to retake possession of the property6.</li></li></ul><li>Unlawful possession of tenant’s personal property by landlord<br />If the landlord or other person acting under the landlord's direction has unlawfully taken possession of a tenant's personal property, the landlord shall be responsible for paying the cost and expenses relating to the removal, storage, or care of the tenant’s personal property7.<br />
  20. 20. Application of this law<br />In addition to personal property abandoned by tenants, this law also applies to:<br /><ul><li>personal property abandoned after the expiration of the period of redemption in a mortgage foreclosure;
  21. 21. Personal property abandoned after contract for deed has been cancelled8.</li></li></ul><li>Statutory References<br />Minn. Stat. §504B.271, Subd. 1<br />Minn. Stat. §504B.271, Subd. 1<br />Minn. Stat. §504B.271, Subd. 1<br />Minn. Stat. §504B.271, Subd. 1<br />Minn. Stat. §504B.271, Subd. 2<br />Minn. Stat. §504B.271, Subd. 2<br />Minn. Stat. §504B.271, Subd. 3<br />Minn. Stat. §504B.271, Subd. 4<br />
  22. 22. Please Join us for our future presentations. . . <br />© 2010 Berry Law Offices<br />

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