Personal Property
If the tenant leaves personal property behind, you must allow 15 days to claim the property after the Sheriff did the lockout. If the tenant simply moved with no lockout, you must mail a notice of abandonment of personal property to the tenants last known address, and allow the tenant 18 days to claim the property.
You are not required to store the personal property in leased premises, but you do have to store it in a safe place during this period. If the property left behind is worth less than $700.00, you may dispose of it after expiration of the above period. However, if the value exceeds $700.00, you must sell the property through public auction after publishing the date of the sale in a newspaper. Call our office regarding this procedure.
If the tenant returns to claim the property, you must return it to him, but you can charge reasonable storage fees. You may not hold the personal belongings as ransom for rent even if you have a judgment.
In all cases, its a good idea to take pictures of the personal property and write down a complete inventory for your records.
Security Deposits
The law requires that you account to the ex-tenant regarding the disposition of the security deposit. Remember that the accounting is necessary even though the tenant owes much more than the deposit.
When calculating the deductions, first deduct for damages to the premises above ordinary wear and tear, then take cleaning expenses. After that, the balance, if any, goes as a credit against back rent owing. This written accounting must be mailed by normal mail within 21 days after you receive possession of the premises, to the last known address, which will usually be the eviction address. In most eviction cases, this accounting will show that there is a balance due you that exceeds the security deposit.
Collections
The unlawful detainer process entitles you to recover possession of the premises and a judgment. Our collection division, upon authorization from you, will work on collection by exercising lawful means, including wage garnishment, bank levy, and other attachments. Please contact our collection division for further information.