State Specific Question About: NEW JERSEY (NJ)

My tenant was evicted 71 days ago and never left a forwarding address or working phone number. A few days ago I disposed of some of his property and today received a letter from him saying he will soon be picking up his belongings. Was I required to keep it longer than this? What does the law say about keeping a tenant's property after he is evicted?

Thanks,

this might help:

When a tenant is evicted and leaves personal property they have 30 days to claim the property Can a landlord then charge them for having to move and store the personal property before giving it bak?

In: Repossession, Property Law, Landlord-Tenant Issues [Edit categories]

Ads

Answer:

You have to do everything in writing. I would send a certified letter or if not put an ad in a newspaper basically saying: you have 30 days to remove your property from said premises, failure to do so will result in all of your belongings being sold or discarded.

Why bother with paying storage. If they did not pay rent what makes you think they will reimburse you for storage fees?

The law requires that you send a letter...one certified and on regular mail...to the tenant at the last known address...which we did. My question is, if the tenant then determines that they want to come get their stuff...can you make them pay the storage a removal fees first. NJ Law allows you to either remove the property and store it somewhere...or in our case (which is allowed) we simply stored it at the property while fixing it up and cleaning it and painting...awaiting a new tenant. Just wondering if we could charge them first, before she is allowed to take her stuff???

You are entitled to recover storage fees and incidental cost. You must figure out a reasonable charge for storage fees and incidental cost. The cost of storing it at your property cannot exceed what it would cost to store at a commercial storage facility. As for cost of moving furniture I would go online and get some estimates from a few moving companies and see what they would have charged to move the furniture. You are also entitled to hold the property until you receive payment of these fees. One more important detail since you live in New Jersey the law states that if you mailed the letter you have to give the person 33 days, 30 days plus 3 days for mailing.

(My reply should not be interpreted as legal advise)

Good question to have asked BEFORE you acted. Keep that in mind for future incidents involving anything land lord / tenant related.

I guess you can give him the address of the local landfill...I mean, abandoned crappy property storage facility.

I thought they did a good job by removing their personal things 71 days ago, right?

John

Gus, careful with the free advice here! Your question is specific to YOUR state's law and YOUR judge if the res sues.

My suggestion:

1. read the law and KNOW it. Ex-residents like to bluff their way thru with bravado. Hope for a 30 or 60 day limit.

2. In my 35 years I cannot recall a single person EVER showing up for their stuff even after they contact me.

3. I would simply give him what is there and avoid discussing what's not there. We'll even deliver it to his new address, and drive away.

4. My judge told a resident: if it was so special why did you leave it?!

Gus - you stored it for over 2 months. Was the letter certified ? After 30 days you are no longer responsible. At this point what are they going to say there was a Ming vase missing.

Going forward - we take pictures of the belongings which is usually trash anyway - send letter regular mail with a change or forward address correction request if one comes we send it to new address certified If no new address then certified to last known address the rental- stating that they have till xx date - after which items will be donated - ( thirty days from date of letter) no response then I call have it pick up and recieve a reciept.