Re: Abondonment of home furnishings - Friend moved out

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On 8/27/09, Jeffrey L wrote:
> Where can I obtain forms to send to an old tenant that had not
> picked up his furnishings since March 09 (5 months). He keeps
> telling me he will, but never shows. The items are cluttering my
> garage and storage sheds. He tells me if anything is missing or
> destroyed he will be taking me to court for theft and damages.
> Ugh.
> Help please

There is presently no legislation in Michigan which deals
specifically with the abandonment of personal property by tenants.
Abandoned property has long been a nuisance to local landlords. In
the absence of specific legislative guidelines, we recommend the
following:
ASSUMING THE TENANT HAS RELINQUISHED POSSESSION OF THE UNIT, ANY
ABANDONE D PROPERTY SHOULD BE HANDLED AND/OR DISPOSED OF ACCORDING
TO ITS ESTIMATE D VALUE.
1. If the property is estimated to be of no value, dispose of
it immediately. One person's trash may be another's treasure so it
is best to exercise caution. If you decide to dispose of the
property, make an inventory and record the date and method of
disposal.
2. If the property is of limited value (less than $100), make
a reasonable effort to return it. Call or write the tenant. Keep a
record of attempts made to contact the tenant. Hold the property
for a minimum of 15 days . If you are unable to contact the tenant,
dispose of the property and re cord the date and method of
disposal.
3. If the property is of moderate value (more than $100 but
less than $1500), store it in a safe place and make a diligent
effort to return it. Hold the property for a minimum of 30 days. If
the cost of handling or storing it approaches the estimated value
of the property, dispose of it appropriately. Keep a record of
attempts to contact the tenant, make an inventory of the property
and record the date and method of disposal.
4. If the property is estimated to be worth more than $1500,
consult an attorney for legal advice.
5. Jeff ... there is no form for this really. Send a letter
certified mail recounting the history and multiple attempts to
transfer the chattels. Set a deadline for disposal. Send an
email, save copied and document document document.

Justin Smith http://www.thelandlordlawyer.com/