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

State:
Oregon
Control #:
OR-817LT
Format:
Word; 
Rich Text
Instant download

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

The second way a tenant's personal belongings are considered abandoned is when the tenant has been gone from the rental unit continuously for at least 7 days after a court has ordered an eviction of the tenant, even though the sheriff's department has not executed the court order or judgment.

If it's vacant, it still has an owner, and it's illegal to enter without permission. For truly abandoned property, you can enter and actually occupy it over time via the old rule of adverse possession.

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.

If you personally deliver the notice to the tenant, then you must store the abandoned property for at least 15 days. If you mail the notice to the tenant (including email), then you must store the property for at least 18 days from the date the notice was mailed (see Cal.

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.

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.

If you're an assured tenant or a protected tenant Your landlord will have to give you notice if they want you to leave. They have to give the reasons why they want to evict you - for example, if you have rent arrears or you've damaged the property. Your landlord will have to go to court and get a court order.

An employer will issue a letter of abandonment as a warning to an employee who they believe has quit their job without proper notification.And a landlord will issue a similar warning to a tenant who they believe has permanently left a rental property without informing them or paying due rent.

In Oregon, property is generally presumed abandoned if it has remained unclaimed by the owner for more than three years after it became payable or distributable.

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