Demand Letter \u2014 Notice to Remove Personal Property

A notice to remove personal property is a written demand requiring a person to retrieve belongings they have left on another's property within a specified time. It is commonly used by landlords after a tenant moves out or is evicted and leaves possessions behind, and by property owners who find another person's belongings on their land. The notice informs the owner of the property where their items are, states a deadline by which they must remove the belongings, and explains what will happen if they do not, such as disposal or sale of the items consistent with the law. State laws govern how abandoned tenant property must be handled, often requiring specific notice, a waiting period, and sometimes storage or a sale with proceeds applied to costs, so the notice should comply with those rules. Because improperly disposing of someone's property can expose the property owner to liability, the notice and the procedure that follows should track the applicable state law for handling left-behind or abandoned personal property.

A landlord handling property a tenant left behind must generally follow the state's specific procedures for abandoned personal property, which typically require giving the former tenant written notice and a period to reclaim the items before the landlord can dispose of them. Many states require the landlord to send a notice describing the property, stating where it can be retrieved, and setting a deadline, often a set number of days, after which the landlord may dispose of, donate, or sell the items, sometimes applying sale proceeds to storage or unpaid amounts. Some states distinguish between property of minimal value, which can be disposed of more readily, and items above a certain value, which may require storage or a sale. The landlord generally cannot simply keep or trash the tenant's belongings immediately. Because the rules vary significantly by state and improper disposal can lead to liability, a landlord should follow the state's notice and waiting-period requirements. The notice to remove personal property is the document that begins this process.

The amount of time you must give a person to remove their personal property depends on state law and the circumstances, but notices commonly provide a set number of days, often ranging from a few days to a couple of weeks. For property left behind by a former tenant, state statutes frequently specify the required notice period before a landlord can dispose of or sell the items, and that period varies by state and sometimes by the value of the property. The notice to remove personal property should state a deadline that complies with the applicable law and give the owner a reasonable opportunity to retrieve their belongings. Setting too short a period or failing to follow the statutory procedure can expose the property owner to liability if they dispose of the items prematurely. Because the required timeframe is governed by state law, especially for abandoned tenant property, you should confirm the period your state mandates and state a compliant deadline in the notice, allowing the owner a fair chance to remove the property.

If personal property is not removed by the deadline stated in the notice, what the property owner may do depends on state law, but options generally include disposing of, donating, or selling the items after following the required procedure. For abandoned tenant property, many states permit the landlord, once the proper notice and waiting period have passed, to dispose of low-value items, and to sell more valuable property, sometimes at a public or private sale, applying the proceeds to storage costs or amounts owed and returning any surplus to the former tenant. The landlord generally must have complied with the statutory notice and timing requirements before taking these steps. Disposing of the property without following the proper procedure can result in liability to the owner for the value of the items. Because the permissible actions and the handling of any sale proceeds are governed by state law, the property owner should follow the statutory process after the deadline passes, documenting the notice and the steps taken to handle the unclaimed personal property lawfully.

A notice to remove personal property should include the name of the person who owns the belongings, a description of the property and where it is located, a deadline by which the owner must retrieve the items, and a statement of what will happen if they do not act by the deadline. The notice should explain how and when the owner can collect their property, such as contact information and available times, and should set a deadline that complies with the applicable state law, particularly for abandoned tenant property. It should describe the consequences of failing to remove the items, such as disposal, donation, or sale consistent with the law, and may note any storage charges. The notice should be dated and sent by a method that proves delivery, such as certified mail, to document that notice was given. Because the property owner must follow the proper procedure before disposing of someone's belongings, the notice should accurately reflect the required deadline and consequences, giving the owner a fair opportunity to reclaim their personal property.