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part 3 death of renter: abandoned property - Landlord Forum thread 122108

part 3 death of renter: abandoned property by Anonymous on May 26, 2006 @20:49

                              
LANDLORD'S REMOVAL OF DECEASED TENANTS' PROPERTY

A landlord must inventory the belongings left in a dwelling unit by a deceased tenant but leave them in place for at least 30 days after the date he notifies the tenant's relatives. After 30 days, he can store the belongings and after 45 days, he can put them on the adjacent sidewalk, street, or highway.

PROBATE COURT AFFIDAVIT

The bill requires any landlord who sends the notice to a tenant's next of kin to file an affidavit with the probate court five days later. The affidavit must include the deceased tenant's name and address, the date he died, the names and addresses of his next of kin, an inventory of the belongings he left in the dwelling unit, and the terms of his lease.

If the court receives a request to determine the validity of a will or appoint an administrator of a decedent's estate within 45 days of the date the affidavit is filed, it must notify the landlord immediately. A landlord who receives this notice cannot dispose of the tenant's property or re-rent the dwelling unit as indicated above. (The bill does not state what happens if the deceased tenant's relatives remove the tenant's belongings after the landlord's notice but before anyone requests an administrator of his estate or a determination on his will.)

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

[ Reply ] [ Return to forum ]

Re: part 3 death of renter: abandoned property by doesntfeelright on June 13, 2006 @16:31 [ Reply ]
i'm a newbie landlord of less than 3 years but no way would i inventory the personal effects without a fam member or admin present. i wouldn't even enter the unit to assess damages or health hazards without a witness. greatly limits any accusations of sticky fingers. no, the law just doesn't feel right to put landlord in such a position.

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