Kentucky Law/Abandonment
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Kentucky Law/Abandonment (by Sarah [KY]) Dec 4, 2016 7:55 AM
       Kentucky Law/Abandonment (by Moshe [CA]) Dec 4, 2016 9:15 AM
       Kentucky Law/Abandonment (by Sarah [KY]) Dec 4, 2016 9:50 AM
       Kentucky Law/Abandonment (by plenty [MO]) Dec 4, 2016 1:54 PM
       Kentucky Law/Abandonment (by Sarah [KY]) Dec 4, 2016 2:30 PM
       Kentucky Law/Abandonment (by plenty [MO]) Dec 4, 2016 3:41 PM
       Kentucky Law/Abandonment (by Sarah [KY]) Dec 4, 2016 4:04 PM
       Kentucky Law/Abandonment (by Vee [OH]) Dec 4, 2016 6:14 PM
       Kentucky Law/Abandonment (by Sarah [KY]) Dec 4, 2016 6:31 PM
       Kentucky Law/Abandonment (by plenty [MO]) Dec 5, 2016 6:50 AM
       Kentucky Law/Abandonment (by Sarah [KY]) Dec 5, 2016 7:18 AM
       Kentucky Law/Abandonment (by LoriC [CO]) Dec 5, 2016 7:24 AM
       Kentucky Law/Abandonment (by Eddie [KY]) Dec 5, 2016 3:09 PM
       Kentucky Law/Abandonment (by plenty [MO]) Dec 5, 2016 5:45 PM
       Kentucky Law/Abandonment (by Hippd [KY]) Dec 6, 2016 7:30 AM


Kentucky Law/Abandonment (by Sarah [KY]) Posted on: Dec 4, 2016 7:55 AM
Message:

State Specific Question About: KENTUCKY (KY)

Hello, my first post here. Me and my mom have a rental property in the Lexington area of Kentucky. I have spent the last 2-3 hours looking for a definitive answer on what I have to do when a person leaves behind furniture. We have nothing in the lease about abandoned property. We will after we re-rent. We have the check in list signed by him and I have the check out list as well so everything was done by the book.

The house was left a mess so I'm assuming the tenant believes his security is history(which it is). Why I say this is because he does not answer his phone or texts and i cannot get in touch with him, nor know where he is even after contacting any of his references. I cannot get in touch with him to come to any kind of agreement for removal of furniture. Is there a website I am missing that goes over abandoned property in Kentucky at a rental unit? Any other Kentucky landlord websites about law you'd like to share would be great as well. Thank you.

--74.132.xxx.xx




Kentucky Law/Abandonment (by Moshe [CA]) Posted on: Dec 4, 2016 9:15 AM
Message:

Kelley v. Nationwide Auto Restoration, LLC, 246 S.W.3d 470 (2007)

The fundamental principles regarding ownership of abandoned property are succinctly set forth in 1 Am. Jur. 2nd abandoned, Lost, and Unclaimed Property 24 (2007): Property which is abandoned becomes subject to appropriation by the first taker or finder who reduces it to possession. Such person thereupon acquires absolute ownership in the property abandoned, as against both the former owner and any person upon whose land it happens to have been left.

In other words, personal property, upon being abandoned, ceases to be the property of any person, unless and until it is reduced to possession with the intent to acquire title to, or ownership of, it. Such property may, accordingly, be appropriated by anyone, if it has not been reclaimed by the former owner, and ownership of it vests by operation of law, in the person first lawfully appropriating it and reducing it to possession with the intention to become its owner, provided such taking is fair. 1 C.J.S. Abandonment 12 (1993). Thus, ownership of abandoned property vests in the possessor by operation of law and a court need not resort to its injunctive or equitable powers in order to recognize that ownership. Although Kelley strongly contests this point, he offers no legal basis for his contrary position beyond the definitions of "equitable remedy" and "injunction" contained in Black's Law Dictionary. Those general definitions are simply insufficient to contravene established law regarding abandoned property.

The plaintiff in that case played it safe by seeking a court ruling that they were the owner of the abandoned property. But this appears to set up a context where you could send a notice to the effect of, "Anything left here after [DATE] will be deemed abandoned" and, as long as you provide a reasonable time, bring a District Court action to claim ownership over anything left behind. The alternative, treating the property as your own and letting him sue you if he wants it back, is riskier as the court may agree with part or all of his claim.

--47.139.xx.xxx




Kentucky Law/Abandonment (by Sarah [KY]) Posted on: Dec 4, 2016 9:50 AM
Message:

My main concern is how much time do I need to give ex tenant(who I cannot reach) before it is considered my property. I'm assuming I do not need to put it in storage or I would of found something about that online. Also where would I put the notice? On front door of property? I rather not since that seems it would attract thieves. I'm really surprised after a half day of Google searches and plowing through 20 different websites there is not one "so far" that says yea, 15 day, 21 day notice, storage for 30, curb same day like I see on various other states that have info that makes it crystal clear. --74.132.xxx.xx




Kentucky Law/Abandonment (by plenty [MO]) Posted on: Dec 4, 2016 1:54 PM
Message:

How long has it been abandoned? Did they give notive and leave or did you file in court to evict ? What do you want to do with the furniture? --66.87.xx.xx




Kentucky Law/Abandonment (by Sarah [KY]) Posted on: Dec 4, 2016 2:30 PM
Message:

Since December 1 it has been empty. Lease ended on the first. Either donate or keep some of the furniture if it comes to that. --74.132.xxx.xx




Kentucky Law/Abandonment (by plenty [MO]) Posted on: Dec 4, 2016 3:41 PM
Message:

Today is the 4th. Id just move it to the center of the room. Clean and show and re rent. Once your new tenants have move in date. Then id think about how to remove. Or does the house have a garage or shed? Put it in there for now. Did they give you back the keys? --66.87.xx.xx




Kentucky Law/Abandonment (by Sarah [KY]) Posted on: Dec 4, 2016 4:04 PM
Message:

He said he would leave key in mailbox but there was nothing there. I changed out the locks on the first. --74.132.xxx.xx




Kentucky Law/Abandonment (by Vee [OH]) Posted on: Dec 4, 2016 6:14 PM
Message:

Be sure to prepare and send an accounting sheet to the last known address (your unit) using certified mail or fedex if your court has adopted this carrier (my big city court uses the photo delivery verification) even though the deposit may be washed away by foolish behavior of the tenant or her/his guests, this is a requirement of running the business. Print your local/state laws and always follow them, if you get a chance to visit housing court you can observe how the rules take effect. --76.188.xxx.xxx




Kentucky Law/Abandonment (by Sarah [KY]) Posted on: Dec 4, 2016 6:31 PM
Message:

That has nothing to do with the subject matter of this post. --74.132.xxx.xx




Kentucky Law/Abandonment (by plenty [MO]) Posted on: Dec 5, 2016 6:50 AM
Message:

If you changed the locks then he cant get his things. Try texting or calling him again. Ask if he would like to arrange a time to pickup his last things. So he still has the old key. Did not turn them in... Did he leave on his iwn or did you file eviction? --66.87.xx.xx




Kentucky Law/Abandonment (by Sarah [KY]) Posted on: Dec 5, 2016 7:18 AM
Message:

There was no eviction. The lease had ended and he is gone. I changed the locks first day(Dec 1). I cannot get in touch with him and now his phone is disconnected. His references also lead to nowhere.

Just wondering the answer to my original question. Should I just do certified mail to the rental address with a letter stating you have 30 days to remove items. Then when it probably will get sent back to me not open it and keep it for a rainy day just incase? --74.132.xxx.xx




Kentucky Law/Abandonment (by LoriC [CO]) Posted on: Dec 5, 2016 7:24 AM
Message:

Hopefully someone from KY will come along shortly with a state specific answer:)

If not, a phone call to an eviction attorney would be worth a few bucks to make sure you are following the laws. --65.114.xxx.xxx




Kentucky Law/Abandonment (by Eddie [KY]) Posted on: Dec 5, 2016 3:09 PM
Message:

"What stuff?"

--66.117.xxx.xx




Kentucky Law/Abandonment (by plenty [MO]) Posted on: Dec 5, 2016 5:45 PM
Message:

Eddie does see any stuff. He has good eye sight. What stuff?

Just sent a regular mail with proof of mailing. Is it form 3815? What does the certified mail get you... Is his mail being forwarded or still getting it at rental? --66.87.xx.xx




Kentucky Law/Abandonment (by Hippd [KY]) Posted on: Dec 6, 2016 7:30 AM
Message:

Last time I had an issue like this I sent a letter to tenant giving them 3 weeks to remove their belongings. They did not and I set it to the curb for free over the next two weeks with bulk pickups. --74.132.xxx.xx





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