HiringDisposition of Property Remaining on Premises at Termination of Commercial Tenancy
Section § 1993
This section is about rules for commercial property. It defines key terms: 'commercial real property' excludes self-storage units; a 'landlord' is someone who rents out property; an 'owner' is anyone else with rights in the property; 'premises' cover the whole property including common areas; 'reasonable belief' is what you'd think without doing too much digging unless there's reason to investigate; 'records' are how information is kept, like written or digital, but not public listings; and a 'tenant' is someone renting the commercial space.
Section § 1993.01
This law clarifies that even though there's an exception outlined in another section, the rules listed in three other sections still need to be followed for certain properties covered by this chapter.
Section § 1993.02
This law provides an optional way for landlords to handle leftover property when a tenant leaves a commercial rental space but does not cover all situations. It does not apply to certain types of properties like utility-related property, manufactured homes, mobilehomes, commercial coaches, or animals. The law also doesn't apply to residential properties or self-storage units. If the rules in this law aren't followed, it doesn't change anyone's rights or responsibilities.
Section § 1993.03
If a tenant leaves belongings in a rental property after moving out, the landlord must send a written notice to the tenant and anyone else who might own the items. The notice should clearly describe the items and state that the tenant might have to pay storage costs before retrieving them. It should also explain how to claim the items and give the owner at least 15 days (or 18 days if notice is mailed) to act. The notice should be sent to the tenant's last known address and any other address where the tenant might receive it. If sending by mail, an extra copy should be mailed to the vacated property address.
Section § 1993.04
This section explains the process for notifying a former tenant about unclaimed personal property they left behind after vacating a rental property. A landlord must give a notice called 'Notice of Right to Reclaim Abandoned Property,' providing the tenant details about the property and instructions on how to claim it. The tenant has a set time to reclaim their belongings by paying storage costs. The notice also includes what happens if the tenant does not claim the property: it can be sold at a public sale, or if it's worth less than $2,500 or a month's rent, it could be kept, sold, or destroyed without further notice.
Section § 1993.05
This section explains the proper way for a landlord to notify someone they believe owns personal property left behind by a former tenant. The landlord must send a specific type of notice, called a 'Notice of Right to Reclaim Abandoned Property,' to this person. This notice tells the owner they have a set amount of time to reclaim their property by paying any storage fees and picking it up, or it might be disposed of. The notice includes details like the property left behind, where it can be collected, and the deadline to act.
Section § 1993.06
If a tenant leaves personal items behind when moving out, the landlord must either keep them at the property or store them safely elsewhere. The landlord can return or get rid of the items following certain rules. While storing the items, the landlord must take reasonable care but isn't responsible for loss unless it happens because of their own intentional or careless actions.
Section § 1993.07
If a landlord finds themselves with a tenant's property left behind, and the total resale value of that property is more than $2,500 or one month's rent—whichever is greater—they must sell it through a public auction. However, if the value is less, they can keep it or dispose of it. The auction must be publicly announced at least five days beforehand in a local newspaper, and the items for sale should be adequately described in the notice to allow for identification. Any money made from the sale, after covering costs, should go to the county treasury if not claimed by the former tenant within 30 days. The tenant can still claim these proceeds within a year. Landlords and tenants can bid on the property in the auction too.
Section § 1993.08
If a landlord releases or disposes of a former tenant's property that's left behind after the tenancy ends, they aren't responsible for the property to anyone else. If the landlord gives the property to someone they think is the owner, they won’t be liable, unless they should have known someone else had an interest in it and could have found that person's address with reasonable effort.
The landlord also isn't liable when disposing of property under certain circumstances, unless it's proven they should have been aware someone else had a right to it and knew or should have known how to contact that person.
Section § 1993.09
This law allows a landlord to send a tenant notice that they believe the tenant has abandoned a rental property. This notice can be sent alongside another notice informing the former tenant about their personal property left behind. Even if the rental contract isn't yet officially ended, these notices can be combined into one, as long as it includes all the necessary information required by each notice type.