What can I do with the items left by tenant after three day notice is expired?
Full Question:
I served a 3 day notice to comply or vacate on 4/6. I understand the tenant has to be out before 4/10. They have moved the furniture, but there are still other odds and ends there. If the items are still there on the 10th, do I have the right to assume they have moved out and I can go in to clean? Or do I need to proceed with the courts.
04/08/2007 |
Category: Landlord Tenant |
State: Utah |
#2796
Answer:
The following are Utah statutes:
67-4a-201. Abandoned and unclaimed property -- General rules.
(1) (a) Property is considered to be "abandoned" or "unclaimed" when:
(i) the property is held, issued, or owing by a holder;
(ii) the identity, status, or present location of the apparent owner is unknown; and
(iii) the property cannot be paid, distributed, or given to the apparent owner after the stated dormancy period for that type of unclaimed property established in this chapter.
(b) Property may not be considered to be "abandoned" or "unclaimed" when:
(i) the character or degree of ownership interest of the apparent owner in the property is unsettled or in dispute; and
(ii) the holder is notified of this fact.
(2) (a) For purposes of this subsection, property is payable or distributable even if the owner has failed to demand the property or to present any instrument or document required to receive payment.
(b) Except as otherwise provided by this chapter, net intangible property is considered abandoned if it is not claimed by the owner within five years after it became payable or distributable.
57-16-14. Abandoned premises -- Retaking by owner -- Liability of resident or occupant -- Personal property of resident or occupant left on mobile home space.
(1) In the event of abandonment under Section 57-16-13, the park may retake the mobile home space and attempt to relet the space at a fair rental value. The resident or occupant who abandoned the premises is liable:
(a) for the entire rent, service charges, and fees that would otherwise be due until the premise is relet or for a period not to exceed 90 days, whichever comes first; and
(b) any costs incurred by the park necessary to relet the mobile home space at fair market value, including the costs of:
(i) moving the mobile home from the mobile home space;
(ii) storing the mobile home; and
(iii) restoring the mobile home space to a reasonable condition, including the cost of replacing or repairing landscaping that was damaged by the resident or occupant.
(2) (a) If the resident or occupant has abandoned the mobile home space, the mobile home, or both, and has left personal property, including the mobile home, on the mobile home space, the park is entitled to remove the property from the mobile home space, store it for the resident or occupant, and recover actual moving and storage costs from the resident, the occupant, or both. With respect to the mobile home, however, the park may elect to contact the lienholder under Section 57-16-9, or to store the mobile home on the mobile home space, while attempting to notify the resident or occupant under Subsection (2)(b)(i).
(b) (i) The park shall make reasonable efforts to notify the resident or occupant of the location of the personal property, and that the personal property will be sold at the expiration of 30 days if not redeemed and removed by the resident or occupant. Reasonable efforts require that the park send written notice by regular mail to the resident or occupant at the last-known address within the park if the park is unaware of any subsequent address. To redeem the personal property, the resident or occupant is required to pay the reasonable storage and moving charges.
(ii) If the personal property has been in storage for over 30 days, notice has been given as required by Subsection (2)(b)(i), and the resident or occupant has made no reasonable effort to recover the personal property, the park may:
(A) sell the personal property and apply the proceeds toward any amount the resident or occupant owes; or
(B) donate the personal property to charity or dispose of the property.
(c) Any excess money from the sale of the personal property, including the mobile home, shall be handled as specified in Title 67, Chapter 4a, Part 2, Standards for Determining When Property is Abandoned or Unclaimed.
(d) Nothing contained in this chapter shall be in derogation of or alter the owner's rights under Title 38, Chapter 3, Lessors' Liens.