Can I legally dispose of the junk that was left behind my tenants?
Full Question:
Our recent tenants lease was not renewed and had to vacate as of 9-30-07. They have left behind a considerable amount of stuff (junk really). They have changed the locks on the house and did not have our permission or did they give us a key to the new lock. They have not yet turned the keys over and claim that they are in the house. We have not yet entered the home and they have taken their physical leave of the home as of 10-4-07.
Do I need to keep their possessions or can I dispose of them today?
How long do I need to keep their things?
Since the keys have not been turned over to me can I wait a period of time and consider it abandoned and then can dispose of their stuff?
10/05/2007 |
Category: Landlord Tenant |
State: Minnesota |
#9700
Answer:
The applicable Minnesota statute is as follows:
504B.271 Tenant's Personal Property Remaining in Premises.
Subdivision 1. Abandoned property. If a tenant abandons rented
premises, the landlord may take possession of the tenant's personal
property remaining on the premises, and shall store and care for the
property. The landlord has a claim against the tenant for reasonable costs
and expenses incurred in removing the tenant's property and in storing
and caring for the property.
The landlord may sell or otherwise dispose of the property 60 days
after the landlord receives actual notice of the abandonment, or 60 days
after it reasonably appears to the landlord that the tenant has abandoned
the premises, whichever occurs last, and may apply a reasonable amount of
the proceeds of the sale to the removal, care, and storage costs and
expenses or to any claims authorized pursuant to section 504B.178,
subdivision 3, paragraphs (a) and (b). Any remaining proceeds of any sale
shall be paid to the tenant upon written demand.
Prior to the sale, the landlord shall make reasonable efforts to notify
the tenant of the sale at least 14 days prior to the sale, by personal
service in writing or sending written notification of the sale by
certified mail, return receipt requested, to the tenant's last known
address or usual place of abode, if known by the landlord, and by posting
notice of the sale in a conspicuous place on the premises for at least
two weeks.
Subd. 2. Landlord's punitive damages. If a landlord, an agent, or other
person acting under the landlord's direction or control, in possession of
a tenant's personal property, fails to allow the tenant to retake
possession of the property within 24 hours after written demand by the
tenant or the tenant's duly authorized representative or within 48
hours, exclusive of weekends and holidays, after written demand by the
tenant or a duly authorized representative when the landlord, the
landlord's agent or person acting under the landlord's direction or
control has removed and stored the personal property in accordance with
subdivision 1 in a location other than the premises, the tenant shall
recover from the landlord punitive damages not to exceed $300 in addition
to actual damages and reasonable attorney's fees.
In determining the amount of punitive damages the court shall consider
(1) the nature and value of the property; (2) the effect the deprivation
of the property has had on the tenant; (3) if the landlord, an agent, or
other person acting under the landlord's direction or control unlawfully
took possession of the tenant's property; and (4) if the landlord, an
agent, 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
property.
The provisions of this subdivision do not apply to personal property
which has been sold or otherwise disposed of by the landlord in
accordance with subdivision 1, or to landlords who are housing
authorities, created, or authorized to be created by sections 469.001 to
469.047, and their agents and employees, in possession of a tenant's
personal property, except that housing authorities must allow the tenant
to retake possession of the property in accordance with this
subdivision.
Subd. 3. Storage. If the landlord, an agent, or other person acting
under the landlord's direction or control 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 property.
Subd. 4. Remedies additional. The remedies provided in this section are
in addition to and shall not limit other rights or remedies available to
landlords and tenants. Any provision, whether oral or written, of any
lease or other agreement, whereby any provision of this section is waived
by a tenant, is contrary to public policy and void. The provisions of
this section also apply to occupants and owners of residential real
property which is the subject of a mortgage foreclosure or contract for
deed cancellation and as to which the period for redemption or
reinstatement of the contract has expired.