Purpose:
This policy establishes the procedures for handling personal property left behind by tenants who have vacated a rental unit. It ensures compliance with Massachusetts state law and provides guidance to protect the rights of tenants and the property management company.
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1. Definition of Abandoned Property
1.1 Abandoned Property
- Abandoned property refers to personal belongings left in a rental unit after the tenant has:
Vacated voluntarily.
- Been evicted.
- Vacated without notice (e.g., "skipped" tenants).
1.2 Exceptions
- Items intentionally discarded by the tenant during their move-out process are not considered abandoned property.
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2. Legal Requirements
2.1 Notice to Tenant
- In accordance with Massachusetts General Laws Chapter 186, Section 15F, the property management company must provide written notice to the tenant or their representative when abandoned property is discovered.
2.2 Contents of Notice
- The notice must include:
- A description of the property.
- Information on how the tenant can reclaim their property.
- The deadline for reclaiming the property (at least 30 days from the date of the notice).
- A statement that unclaimed property will be disposed of after the deadline.
2.3 Delivery of Notice
- The notice must be sent via certified mail to the tenant’s last known address and any forwarding address provided by the tenant.
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3. Storage of Abandoned Property
3.1 Storage Period
- The property management company must store the items for at least 30 days from the date of the notice.
3.2 Storage Conditions
- Items will be stored in a secure and reasonable location to prevent damage or loss.
3.3 Storage Costs
- The tenant may be charged reasonable storage and handling costs. These costs must be disclosed in the notice.
3.4 Permissible Storage Facilities
- Under Massachusetts law, abandoned property must be stored in a licensed public warehouse or a secure facility that meets legal standards for safety and accessibility. The tenant must be informed of the specific storage location, and the facility should be within a reasonable distance from the rental property (generally within 20 miles).
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4. Reclaiming Abandoned Property
4.1 Tenant Rights
- The tenant has the right to reclaim their property within the 30-day period by:
- Contacting the property management company.
- Arranging for retrieval of the items.
4.2 One-Time Visit
- Tenants are entitled to a one-time visit to retrieve their belongings without incurring fees, in compliance with Massachusetts law.
4.3 Payment of Costs
- Any storage or handling fees must be paid by the tenant before the property is released, except for the one-time visit provision.
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5. Disposal of Unclaimed Property
5.1 After the Storage Period
- If the property is not reclaimed within the 30-day period, the property management company may:
- Dispose of the items in accordance with local regulations.
- Donate usable items to charity.
- Sell the items, applying proceeds to unpaid rent or storage costs, with any surplus returned to the tenant.
5.2 Prohibited Disposal
- Personal documents, such as identification or financial records, must be securely destroyed and cannot be donated or sold.
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6. Recordkeeping
6.1 Documentation
- Property management must maintain records of:
- The notice sent to the tenant.
- An inventory of abandoned items.
- The date and method of disposal, donation, or sale.
6.2 Retention Period
- Records must be retained for at least one year from the date of disposal.
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7. Legal Compliance
This policy complies with Massachusetts General Laws Chapter 186, Section 15F, governing the handling of abandoned property by landlords.
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8. Contact Information
For questions or concerns regarding abandoned property, tenants may contact the property management office at:
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8. Policy Updates
This policy will be reviewed annually and updated as necessary to remain in compliance with state and federal laws.
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Effective Date: 23rd day of October 2023