How Can I Dispose of Property Left Behind Four Years Ago in Montana?
Full Question:
Answer:
The answer will depend on whether the in-law was residing with you and therefore could be considered a tenant. A former tenant or bailor should be contacted by written notice before transferring, selling, or destroying the property by a new owner. You may also check the local police department for ordinances governing abandoned property, as laws vary by area.
There are different types of bailments- "bailments for hire" in which the custodian (bailee) is paid, "constructive bailment" when the circumstances create an obligation upon the custodian to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible. There is a lower standard of care imposed upon the bailee in a gratuitous bailment, and the parties may contract to hold the bailee free from liability in any bailment. As the law of bailments establishes a lower standard of care for the bailee in a gratuitous bailment agreement, such an agreement or receipt should indicate explicitly that the bailee is acting without compensation. When a bailment is for the exclusive benefit of the bailee, the bailee owes a duty of extraordinary care. If the bailment is for the mutual benefit of the bailee and bailor, the bailee owes a duty of ordinary care. A gratuitous bailee must use only slight care and is liable only for gross negligence. To create a bailment, the alleged bailee must have actual physical control with the intent to possess. Physical control and intent to possess will be interpreted according to the expectations of the parties. If a court thinks that liability would be unexpected or unfair, it can usually find that the defendant did not have “physical control” or “intent to possess.” For example, courts are more likely to find a bailment of a car exists in a garage with an attendant than in a park and lock garage.
Please see the following MT statutes to determine applicability:
70-6-301. Gratuitous deposit defined.
Gratuitous deposit is a deposit for which the depositary receives no
consideration beyond the mere possession of the thing deposited.
70-6-303. When duties of gratuitous depositary cease.
The duties of a gratuitous depositary cease upon the depositary's:
(1) restoring the thing deposited to its owner; or
(2) giving reasonable notice to the owner to remove it and the owner
failing to do so within a reasonable time. However, an involuntary
depositary under 70-6-103(2) may not give notice until the emergency that
gave rise to the deposit is past.
70-24-430. Disposition of personal property abandoned by tenant after
termination.
(1) If a tenancy terminates in any manner except by court order and the
landlord reasonably believes that the tenant has abandoned all personal
property that the tenant has left on the premises and a period of time of
at least 5 days has elapsed since the occurrence of events upon which the
landlord formed that belief, the landlord may remove the property from the
premises.
(2) The landlord shall inventory and store all goods, chattels, and
personal property of the tenant in a place of safekeeping and shall
exercise reasonable care for the property. The landlord may charge a
reasonable storage and labor charge if the property is stored by the
landlord, plus the cost of removal of the property to the place of storage.
The landlord may store the property in a commercial storage company, in
which case the storage cost includes the actual storage charge plus the
cost of removal of the property to the place of storage.
(3) After complying with subsections (1) and (2), the landlord shall:
(a) make a reasonable attempt to notify the tenant in writing that the
property must be removed from the place of safekeeping;
(b) notify the local law enforcement office of the property held by the
landlord;
(c) make a reasonable effort to determine if the property is secured or
otherwise encumbered; and
(d) send a notice by certified mail to the last-known address of the
tenant, stating that at a specified time, not less than 15 days after
mailing the notice, the property will be disposed of if not removed.
(4) The landlord may dispose of the property after complying with
subsection (3) by:
(a) selling all or part of the property at a public or private sale; or
(b) destroying or otherwise disposing of all or part of the property if
the landlord reasonably believes that the value of the property is so low
that the cost of storage or sale exceeds the reasonable value of the
property.
(5) If the tenant, upon receipt of the notice provided in subsection (3),
responds in writing to the landlord on or before the day specified in the
notice that the tenant intends to remove the property and does not do so
within 7 days after delivery of the tenant's response, the tenant's
property is conclusively presumed to be abandoned. If the tenant removes
the property, the landlord is entitled to storage costs for the period that
the property remains in safekeeping, plus the cost of removal of the
property to the place of storage. Reasonable storage costs are allowed a
landlord who stores the property, and actual storage costs are allowed a
landlord who stores the property in a commercial storage company. A
landlord is entitled to payment of the storage costs allowed under this
subsection before the tenant may remove the property.
(6) The landlord is not responsible for any loss to the tenant resulting
from storage unless the loss is caused by the landlord's purposeful or
negligent act. On the event of purposeful violation, the landlord is liable
for actual damages.
(7) A public or private sale authorized by this section must be conducted
under the provisions of 30-9A-601 or the sheriff's sale provisions of
Title 25, chapter 13, part 7.
(8) The landlord may deduct from the proceeds of the sale the reasonable
costs of notice, storage, labor, and sale and any delinquent rent or
damages owing on the premises and shall remit to the tenant the remaining
proceeds, if any, together with an itemized accounting. If the tenant
cannot after due diligence be found, the remaining proceeds must be
deposited with the county treasurer of the county in which the sale
occurred and, if not claimed within 3 years, must revert to the general
fund of the county available for general purposes.