Abandonment is not just being absence from their apartment



Abandonment is not just being absence from their apartment. You need to know what the local laws are to identify what constitutes abandonment. Generally, if a resident has paid the rent, the apartment is not abandoned. Payment of rent usually gives the resident the right to use the apartment. Non-payment of rent is often part of the test for determining abandonment. Each jurisdiction has its own definition of abandonment. If you violate this definition, you may be trespassing.

1. In addition to rent not being received from the resident, check with an outside source to assist you in determining the status of an abandoned apartment. Outside sources could include a utility company receiving a disconnect request from the resident or obtaining a forwarding address submitted through the post office. If third party verification is received, document the resident's file with the information and the name of the representative who assisted you.

2. Any items left in the apartment are considered abandoned property and must be properly handled. Only discard perishables as well as garbage that have been placed in trash receptacles.

3. Report all abandoned property situations to the management.

4. Abandoned property must be retained for a specific period of time from the date you "became aware" it was abandoned. Check state and local laws to determine the required retention period and procedure for disposal. Please observe the following guidelines:

a. A detailed list with corresponding photographs of all abandoned property must be attached to the resident's file.

b. If the law allows, remove the items from the apartment and place them in storage under lock and key. A written inventory of items being removed must be signed by the Manager and a witness.

c. Within the specified days of abandonment, former residents may claim all possessions

If stored on the property, all items should immediately be available. On the rare occasions that property is placed in off storage sites, the former resident should be referred to that storage facility. All storage costs are at the resident's expense.

d. Following the required retention period, you may dispose of or sell the property. All notice requirements must be strictly adhered to. Generally, notice of the sale or disposal of property is in the form of certified notification to the resident at their last known address as well as a posted notice on-site.

e. Should the property be sold, proceeds must be carefully recorded, item by item, on the abandoned property list that was attached to the resident's file. All monies must be deposited into the property's field account and applied to any past due balance on the resident's account.

f. If the resident returns to claim their possessions after the property has been sold or disposed of, the Manager must present the resident with copies of the abandoned property list, the notice issued, and any other documentation maintained with regards to the abandonment procedure.

5. Under no circumstances should any staff member take items left in an apartment.

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