Chapter 709: ENTRY AND DETAINER HEADING: PL 1999, C. 192, §1 (RPR)
Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS HEADING: PL 1999, C. 192, §1 (NEW)
§6013. Property unclaimed by tenant
Any personal property that remains in a rental unit after the issuance of a writ of possession or that is abandoned or unclaimed by a tenant following the tenant's vacating the rental unit must be disposed of as follows. [2009, c. 566, §7 (RPR).]
1. Place in storage. The landlord shall place in storage in a safe, dry, secured location any personal property that is abandoned or unclaimed by a tenant following the tenant's vacating the rental unit.
[ 2009, c. 566, §7 (NEW) .]
2. Notice to tenant. The landlord shall send written notice by first class mail with proof of mailing to the last known address of the tenant concerning the landlord's intent to dispose of the property stored pursuant to subsection 1. The notice must include an itemized list of the items and containers of items of the property and advise the tenant that if the tenant does not respond to the notice within 14 days the landlord may dispose of the property as set forth in subsection 5.
[ 2009, c. 566, §7 (NEW) .]
3. Release of property claimed. If the tenant claims the property within 14 days after the notice under subsection 2 is sent, the landlord shall release the property to the tenant and may not condition release of the property to the tenant upon payment of any fee or any other amount that may be owed to the landlord by the tenant.
[ 2009, c. 566, §7 (NEW) .]
4. Continuation of storage for claimed property. If the tenant responds to the notice sent pursuant to subsection 2, the landlord shall continue to store the property for at least 24 days after the landlord sent the notice.
[ 2009, c. 566, §7 (NEW) .]
5. Conditional release; sale or disposal. A landlord shall comply with the following.
A. If the tenant makes an oral or written claim for the property within 14 days after the date the notice described in subsection 2 is sent, the landlord may not condition the release of the property to the tenant upon the tenant's payment of any rental arrearages, damages and costs of storage as long as the tenant makes arrangements to retrieve the property by the 24th day after the notice described in subsection 2 is sent. [2009, c. 566, §7 (NEW).]
B. If the tenant makes the claim as set forth in paragraph A but fails to retrieve the property by the 24th day, the landlord may employ one or more of the remedies described in paragraph D. [2009, c. 566, §7 (NEW).]
C. If the tenant does not make an oral or written claim for the property within 14 days after the notice described in subsection 2 is sent, the landlord may employ one or more of the remedies described in paragraph D. [2009, c. 566, §7 (NEW).]
D. With regard to any property that remains unclaimed by the tenant in accordance with this subsection, the landlord may take one or more of the following actions:
(1) Condition the release of the property to the tenant upon the tenant's payment of all rental arrearages, damages and costs of storage;
(2) Sell any property for a reasonable fair market price and apply all proceeds to rental arrearages, damages and costs of storage and sale. All remaining balances must be forwarded to the Treasurer of State; or
(3) Dispose of any property that has no reasonable fair market value. [2009, c. 566, §7 (NEW).]
[ 2009, c. 566, §7 (NEW) .]
SECTION HISTORY
1979, c. 327, §2 (NEW). 1981, c. 428, §7 (RPR). 1987, c. 249, §1 (AMD). 1987, c. 691, §1 (AMD). 1991, c. 265, §1 (AMD). 1997, c. 508, §A3 (AFF). 1997, c. 508, §B3 (AMD). 2003, c. 20, §T9 (AMD). 2003, c. 303, §1 (AMD). 2009, c. 566, §7 (RPR).
Chapter 709: ENTRY AND DETAINER HEADING: PL 1999, C. 192, §1 (RPR)
Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS HEADING: PL 1999, C. 192, §1 (NEW)
§6013. Property unclaimed by tenant
Any personal property that remains in a rental unit after the issuance of a writ of possession or that is abandoned or unclaimed by a tenant following the tenant's vacating the rental unit must be disposed of as follows. [2009, c. 566, §7 (RPR).]
1. Place in storage. The landlord shall place in storage in a safe, dry, secured location any personal property that is abandoned or unclaimed by a tenant following the tenant's vacating the rental unit.
[ 2009, c. 566, §7 (NEW) .]
2. Notice to tenant. The landlord shall send written notice by first class mail with proof of mailing to the last known address of the tenant concerning the landlord's intent to dispose of the property stored pursuant to subsection 1. The notice must include an itemized list of the items and containers of items of the property and advise the tenant that if the tenant does not respond to the notice within 14 days the landlord may dispose of the property as set forth in subsection 5.
[ 2009, c. 566, §7 (NEW) .]
3. Release of property claimed. If the tenant claims the property within 14 days after the notice under subsection 2 is sent, the landlord shall release the property to the tenant and may not condition release of the property to the tenant upon payment of any fee or any other amount that may be owed to the landlord by the tenant.
[ 2009, c. 566, §7 (NEW) .]
4. Continuation of storage for claimed property. If the tenant responds to the notice sent pursuant to subsection 2, the landlord shall continue to store the property for at least 24 days after the landlord sent the notice.
[ 2009, c. 566, §7 (NEW) .]
5. Conditional release; sale or disposal. A landlord shall comply with the following.
A. If the tenant makes an oral or written claim for the property within 14 days after the date the notice described in subsection 2 is sent, the landlord may not condition the release of the property to the tenant upon the tenant's payment of any rental arrearages, damages and costs of storage as long as the tenant makes arrangements to retrieve the property by the 24th day after the notice described in subsection 2 is sent. [2009, c. 566, §7 (NEW).]
B. If the tenant makes the claim as set forth in paragraph A but fails to retrieve the property by the 24th day, the landlord may employ one or more of the remedies described in paragraph D. [2009, c. 566, §7 (NEW).]
C. If the tenant does not make an oral or written claim for the property within 14 days after the notice described in subsection 2 is sent, the landlord may employ one or more of the remedies described in paragraph D. [2009, c. 566, §7 (NEW).]
D. With regard to any property that remains unclaimed by the tenant in accordance with this subsection, the landlord may take one or more of the following actions:
(1) Condition the release of the property to the tenant upon the tenant's payment of all rental arrearages, damages and costs of storage;
(2) Sell any property for a reasonable fair market price and apply all proceeds to rental arrearages, damages and costs of storage and sale. All remaining balances must be forwarded to the Treasurer of State; or
(3) Dispose of any property that has no reasonable fair market value. [2009, c. 566, §7 (NEW).]
[ 2009, c. 566, §7 (NEW) .]
SECTION HISTORY
1979, c. 327, §2 (NEW). 1981, c. 428, §7 (RPR). 1987, c. 249, §1 (AMD). 1987, c. 691, §1 (AMD). 1991, c. 265, §1 (AMD). 1997, c. 508, §A3 (AFF). 1997, c. 508, §B3 (AMD). 2003, c. 20, §T9 (AMD). 2003, c. 303, §1 (AMD). 2009, c. 566, §7 (RPR).
Chapter 709: ENTRY AND DETAINER HEADING: PL 1999, C. 192, §1 (RPR)
Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS HEADING: PL 1999, C. 192, §1 (NEW)
§6013. Property unclaimed by tenant
Any personal property that remains in a rental unit after the issuance of a writ of possession or that is abandoned or unclaimed by a tenant following the tenant's vacating the rental unit must be disposed of as follows. [2009, c. 566, §7 (RPR).]
1. Place in storage. The landlord shall place in storage in a safe, dry, secured location any personal property that is abandoned or unclaimed by a tenant following the tenant's vacating the rental unit.
[ 2009, c. 566, §7 (NEW) .]
2. Notice to tenant. The landlord shall send written notice by first class mail with proof of mailing to the last known address of the tenant concerning the landlord's intent to dispose of the property stored pursuant to subsection 1. The notice must include an itemized list of the items and containers of items of the property and advise the tenant that if the tenant does not respond to the notice within 14 days the landlord may dispose of the property as set forth in subsection 5.
[ 2009, c. 566, §7 (NEW) .]
3. Release of property claimed. If the tenant claims the property within 14 days after the notice under subsection 2 is sent, the landlord shall release the property to the tenant and may not condition release of the property to the tenant upon payment of any fee or any other amount that may be owed to the landlord by the tenant.
[ 2009, c. 566, §7 (NEW) .]
4. Continuation of storage for claimed property. If the tenant responds to the notice sent pursuant to subsection 2, the landlord shall continue to store the property for at least 24 days after the landlord sent the notice.
[ 2009, c. 566, §7 (NEW) .]
5. Conditional release; sale or disposal. A landlord shall comply with the following.
A. If the tenant makes an oral or written claim for the property within 14 days after the date the notice described in subsection 2 is sent, the landlord may not condition the release of the property to the tenant upon the tenant's payment of any rental arrearages, damages and costs of storage as long as the tenant makes arrangements to retrieve the property by the 24th day after the notice described in subsection 2 is sent. [2009, c. 566, §7 (NEW).]
B. If the tenant makes the claim as set forth in paragraph A but fails to retrieve the property by the 24th day, the landlord may employ one or more of the remedies described in paragraph D. [2009, c. 566, §7 (NEW).]
C. If the tenant does not make an oral or written claim for the property within 14 days after the notice described in subsection 2 is sent, the landlord may employ one or more of the remedies described in paragraph D. [2009, c. 566, §7 (NEW).]
D. With regard to any property that remains unclaimed by the tenant in accordance with this subsection, the landlord may take one or more of the following actions:
(1) Condition the release of the property to the tenant upon the tenant's payment of all rental arrearages, damages and costs of storage;
(2) Sell any property for a reasonable fair market price and apply all proceeds to rental arrearages, damages and costs of storage and sale. All remaining balances must be forwarded to the Treasurer of State; or
(3) Dispose of any property that has no reasonable fair market value. [2009, c. 566, §7 (NEW).]
[ 2009, c. 566, §7 (NEW) .]
SECTION HISTORY
1979, c. 327, §2 (NEW). 1981, c. 428, §7 (RPR). 1987, c. 249, §1 (AMD). 1987, c. 691, §1 (AMD). 1991, c. 265, §1 (AMD). 1997, c. 508, §A3 (AFF). 1997, c. 508, §B3 (AMD). 2003, c. 20, §T9 (AMD). 2003, c. 303, §1 (AMD). 2009, c. 566, §7 (RPR).
