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Indiana Letter from Landlord to Tenant as Notice of Abandoned Personal Property

Category:
Landlord Tenant - Notices and Letters
State:
Indiana
Control #:
IN-817LT
Format:
Word; 
Rich Text
Instant download
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Description

This is an official notice from the Landlord to the Tenant. This Notice to Tenant sets out specific directions to either retrieve items of personal property left behind by tenant, or have items be confiscated by landlord. This form conforms to applicable state statutory law.


Abandoned property is property left behind intentionally and permanently, often by a tenant, when it appears that the former owner or tenant has no intent to reclaim or use it. Examples may include possessions left in a house after the tenant has moved out or autos left beside a road for a long period of time.


Abandoned personal property is that to which the owner has voluntarily relinquished all right, title, claim and possession, with the intention of terminating his ownership, but without vesting ownership in any other person, and without the intention of reclaiming any future rights therein, such as reclaiming future possession or resuming ownership, possession, or enjoyment of the property.

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FAQ

If a tenant abandons a leased premises, the landlord may terminate the lease and sue the tenant for any unpaid rent. The landlord may keep the security deposit to pay for any unpaid rent and pay for any repairs required caused by tenant.

If you are unsure about claiming that a tenant has surrendered the property you can place an Abandonment Notice on the door of the property. This Notice needs to advise that the property has been deemed as abandoned and give a time say five days after which the locks will be changed if no contact is received.

Abandonment can only be assumed from the tenant leaving the property, taking their possessions and handing in the keys. However as surrender of the property is implied from the same actions, an Abandonment Notice may be unnecessary.

Basically, a notice of abandonment is the trustee's way of saying that for one reason or another, the listed property cannot be liquidated for the benefit of your creditors. When a bankruptcy case is filed, real and personal property become part of a "bankruptcy estate" which the trustee is in control of.

According to U.S. law, property that is left behind by a tenant is typically assumed to be abandoned after a specific timeframe. This timeframe can be anywhere between one week and one year. If the property remains unclaimed during this timeframe, it may be disposed of, or sold in order to recoup storage costs.

Starting to Write State the most recent information you have on file and detail the attempts you have made to contact them. Warn that if there is no response within a specific time frame action will be taken. Post the letter to the last known address of the individual.

Generally, a landlord should give written notice to the tenant of his/her intention to dispose of the uncollected goods. If 28 days have elapsed since the giving of the notice and the tenant has not taken delivery or given directions as to delivery, the landlord may dispose of the abandoned goods.

An abandoned house is a vacant property due to foreclosure, bankruptcy, and financial or legal reasons.This makes abandoned homes attractive properties for investors, flippers and wholesalers because they sell lower than market price.

Property is considered abandoned only after a lease is terminated. Termination occurs when the lease is up and the tenant moves out, or if the tenant is legally evicted.

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