Abandoned Property - Park City Property Management
I have previously written about a tenant abandoning a rental property in "Abandoned Premises - Tips And Info For Park City Property Management". In that article, which you can read by clicking here, I mentioned that there are sometimes instances when a tenant also leaves behind personal property. There are specific laws for Utah property management that pertain to the personal property of a tenant in these situations that must be followed. Today I would like to cover some of these laws and provide additional resources for Park City property management operations.
Abandoned Property
As always if you are unsure of your rights as a landlord, or what rights your tenant has in a situation, it is best to consult an attorney who specializes in Utah property management law. If you find yourself with a rental property that meets the criteria as abandoned, and the tenant's personal property is still present in the premises, this property must be treated in a specific manner. First an owner must post a conspicuous notice that the property is abandoned and send a letter to the last known address of the tenant stating the same. A property owner may have the items removed and stored at another location. The owner may also change the locks and store the items in the premises. Moving costs and storage fees should be calculated. If the items are left in the premises then the storage fees may simply be the regular rent rate. If a tenant requests to have their property returned to them a landlord must do so however the tenant must pay the associated moving and storage costs for their property. If a tenant does not request to have their property returned within 30 days of abandonment then the landlord may sell the property at a public sale and apply money from the sale to the storage and moving costs. The landlord may also donate the property to a charity. If the property is sold any money generated from the sale that is in excess of moving and storage costs must be returned to the tenant.
Exceptions
There are a few important points or exceptions that a landlord should be made aware of for Park City property management. Here are a few of the more interesting points in abandoned property law.
Regardless of whether the personal property is abandoned a landlord is not required to store the following items:
- chemicals
- pests
- potentially dangerous or other hazardous materials
- animals including dogs, cats, fish, reptiles, rodents, birds, or other pets
- gas, fireworks, combustibles, or any item considered to be hazardous or explosive
- garbage
- perishable items
If the remaining personal property does go to a public sale and the former tenant is present at the sale the tenant may designate which items are sold first. The owner can only sell as many items as is required to cover all costs accrued by the tenant under the terms of the lease, including storage and moving fees. The tenant may also bid on any items at the sale but must have money on hand to pay for these items. Any items that that remain to be sold after all the tenant's expenses have been paid must then be turned over to the tenant. If the tenant is not present at the sale and their current location is unknown any excess funds must be disposed of according to the Unclaimed Property Act.
If you would like more information about abandoned property, Park City property management, or the benefits of having a professional property manager then click the button below to set up a free consultation. You will receive valuable information on Park City property management as well as a no-obligation quote on our management services.
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