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來源: 單身老貓 於 2009-09-01 18:15:43 [] [博客] [舊帖] [給我悄悄話] 閱讀數 : (7733 bytes)

Abandoned Property of Tenants or Renters
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It's not unreasonable to expect a tenant or renter to take his or her personal things along with him or her when moving out of a rental. In fact, many residential leases have express and clear provisions that require tenants to remove their property, such as like furniture, televisions and clothes, when they leave.

But, sometimes that just doesn't happen. It's not uncommon for a landlord to enter a rental after a tenant has left the premises and find that personal property is still there. The question then becomes, what are you supposed to do with it? Most states have laws that deal this question and set out in detail how and when a landlord can get rid of property that has been "abandoned" by a tenant or renter.

Generally, a landlord has a duty to safe guard the property and return it to the tenant if he or she demands its return. This is typically called a "bailment", where one person has temporary custody or control of another person's personal property. But, the laws on a landlord's duty with respect to abandoned property can vary significantly from state to state, so be certain to read the laws in your area carefully, and if you still have questions about what to do with a former tenant's property, get some advice from an experienced real estate lawyer.

Abandonment of Premises & Abandoned Property
Often, a landlord finds property that, presumably, belongs to a former tenant after that tenant vacates or leaves the leased premises when the lease expires.

Sometimes, though, a tenant leaves the premises early and leaves his or her things behind. This is called "abandonment." In most states, a landlord who thinks that a tenant has abandoned the leased premises must follow certain steps before he or she can do anything with the tenant's personal effects, such as:

Wait until rent has not been paid for a certain period time, usually 14 days after it is due.
Provide written notice to the tenant of your belief that the premises have been abandoned. The notice is usually mailed to the tenant at his or her last known address and/or any other address that the landlord thinks that the tenant might receive the notice. The notice must state the date on which the lease will be terminated or cancelled.
Dispose of the former tenant's personal property in a manner set out by the laws in your state
Abandoned Property of Tenants or Renters
In some states, the laws make a distinction between personal property that is "lost" and that which is "abandoned." In practically every state, there's a requirement that you return the tenant's property after he or she demands that it be returned.

"Lost" property is property that a landlord reasonably believes was not voluntarily left behind by a tenant. Usually, it's something of significant value, like cash or jewelry, worth $100 or more. In states that recognize "lost" property, you usually need to turn it into the local police or sheriff's department with a statement describing the property, where it was found, and who you think it might belong to. Usually, if the police can't find the owner within a certain amount of time, typically 90 days, you can claim the property.

If the police won't accept the property, then generally you have to treat the property as abandoned.

For "abandoned" property-property you find when you re-enter the premises after the lease expired or property that's there after the tenant "abandoned" the apartment-you generally have to:

Give the former tenant notice-or any other person who you think might own the property, like a subtenant, for instance-that states what the property is, where it can be claimed, how long they have to claim it, what will happen if it's not claimed, and how much it will cost for you to store it
Hand deliver the notice to the tenant or mail it to his or her last known address
Sell the property at a public sale with competitive bidding if the property goes unclaimed and if it's worth more than a certain amount, typically somewhere around $300. If the property goes unclaimed and it's worth less than that amount, you can keep it or dispose of it in any way you like (throw it away)
If you're having a public sale, you have to publish a notice of the sale, usually in the local newspaper. From the sale proceeds, you're entitled to recover your costs of publishing the notice, storing the property, and holding the sale. The balance of the proceeds have to be given to the treasurer of the county where the sale took place, and if it goes unclaimed for at least one year, you can claim that money
Demand by Tenant
In some states, the laws give a former tenant a certain period of time to request the return of property that he or she left on the premises. Generally, you have to return the property to the tenant if:

The tenant makes a written request within the time specified by the law, which is usually somewhere between 15 to 20 days after the tenant left the premises, and
You have not started or completed the procedure for "lost" or "abandoned" property, that is, you haven't turned it over to the police or you haven't sold at a public sale and
The tenant pays the costs you incurred in removing and/or storing the property
The tenant recovers the property, usually within 72 hours after repaying your costs
Landlord Liability
Typically, if you follow the rules for "lost" property, you can't be liable to the former tenant if he or she later claims ownership of the property.

For "abandoned property," if you "released" or gave the property to the former tenant or to anyone you gave notice to, and you reasonably believed that person to be the owner, or if you sold it because it was worth more than $300) or if you threw it away (worth less than $300), you generally can't be liable to anyone who might later claim the property.

If you refuse to return the property to the tenant upon his her timely request, you can be liable for money damages equal to the value of the property, and the tenant's reasonable attorney's fees and costs associated with his her attempt to get the property from you.

Questions for Your Attorney

What can happen if I put my former tenant's abandoned property in a storage facility and the property is damaged by a fire or something at that facility?
If I ask my former landlord to return my personal property, can she refuse to give it to me unless I pay the back rent I owe?
Can I store my former tenant's belongings in my garage and still charge a fee? What if I "store" them in the apartment itself until I can get a new tenant?

對您不麗的是,您姪女的房東等了一個月才處理這些東西,所以技術上他應該沒有違法. NY 的法規要求房東在15天時L給房客, Notice of Abandoned Personal Property 在21 Day 時再度 Notice to Recover or Forfeit Abandoned Personal Property.如果房客沒有回應,房東可以assume the owner has voluntarily relinquished all right, title, claim and possession, with the intention of terminating his ownership.
因此如果您姪女的房東有準備這兩個文件,那麼法律上他可以將這個箱子處理掉
所以對方的行為是不太合情,但是合理.
然而依法,如果對方變賣這些東西,您的姪女可以在一定的時間之內要求對方歸還所變賣的貨款.

相關的資料請參考

http://www.associatedcontent.com/article/961470/when_your_renter_abandons_your_rental_pg2.html?cat=3





當然如果您希望了解更多相關的資料,您可以購買這本資料來看看

http://www.sphinxlegal.com/products/real-estate/state-specific-real-estate-titles/landlords-legal-guide-in-new-york-2e.html

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