Boston Massachusetts Letter from Landlord to Tenant as Notice of Abandoned Personal Property

State:
Massachusetts
City:
Boston
Control #:
MA-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

Give the tenant at least two weeks to pick up the property and make clear that they must reimburse you for the reasonable costs of moving and storing their belongings before they take them back.

If the tenant has not claimed the property in time (either seven or 45 days), then you can either sell or dispose of the property.

When is personal property considered abandoned in California? In California, personal property is considered abandoned after the landlord sends out an official notice and 18 days have passed. Until that time, the property should not be handled or disposed of other than to store the property in a safe, secure location.

Can I get my stuff? If you have been evicted, you have a legal right to get your belongings. Your landlord must keep your possessions that were in the property safe for a reasonable time ? normally 21 days.

In Massachusetts, it is illegal for a landlord, on his or her own, to remove tenants and occupants and their belongings from a rented apartment, room, or home without first getting a court order. The court case that a landlord files to get a court order is called summary process (the legal term for an eviction).

Can I get my stuff? If you have been evicted, you have a legal right to get your belongings. Your landlord must keep your possessions that were in the property safe for a reasonable time ? normally 21 days. It is illegal to destroy or sell your belongings, within this reasonable period even if you owe rent.

Abandonment is defined as absence of the Tenants from the premises, for at least fifteen (15) consecutive days without notice to Landlord.

As a landlord, if you think the property has been abandoned, you should first attempt to contact the tenant. Ask the tenant for written confirmation that they're returning possession of the property to you, and to return the keys. Once you received this confirmation you can go into the property immediately.

Abandoned property defined - notice of sale. (1) Property is presumed to be abandoned if the owner has failed to contact the lienholder for a period of not less than thirty days and the lienholder, in good faith, is without knowledge of any evidence indicating that the owner does not intend to abandon the property.

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Boston Massachusetts Letter from Landlord to Tenant as Notice of Abandoned Personal Property