§521-56 - Disposition of tenant's abandoned possessions.
§521-56 Disposition of tenant's abandoned
possessions. (a) When the tenant, within the meaning of section 521-70(d)
or section 521-44(d), has wrongfully quit the premises, or when the tenant has
quit the premises pursuant to a notice to quit or upon the natural expiration
of the term, and has abandoned personalty which the landlord, in good faith,
determines to be of value, in or around the premises, the landlord may sell
such personalty, in a commercially reasonable manner, store such personalty at
the tenant's expense, or donate such personalty to a charitable organization.
Before selling or donating such personalty, the landlord shall make reasonable
efforts to apprise the tenant of the identity and location of, and the
landlord's intent to sell or donate such personalty by mailing notice to the
tenant's forwarding address, or to an address designated by the tenant for the
purpose of notification or if neither of these is available, to the tenant's
previous known address. Following such notice, the landlord may sell the
personalty after advertising the sale in a daily paper of general circulation
within the circuit in which the premises is located for at least three
consecutive days, or the landlord may donate the personalty to a charitable
organization; provided that such sale or donation shall not take place until
fifteen days after notice is mailed, after which the tenant is deemed to have
received notice.
(b) The proceeds of the sale of personalty
under subsection (a) shall, after deduction of accrued rent and costs of
storage and sale, including the cost of advertising, be held in trust for the
tenant for thirty days, after which time the proceeds shall be forfeited to the
landlord.
(c) When the tenant has quit the premises any
personalty in or around the premises left unsold after conformance to
subsection (a) or otherwise left abandoned by the tenant and determined by the
landlord to be of no value may be disposed of at the landlord's discretion
without liability to the landlord. [L 1974, c 180, §6; am L 1981, c 154, §1]