Purpose:
This policy establishes the procedures for addressing and managing residential apartment units that are deemed abandoned, in compliance with Massachusetts state law. The objective is to ensure that abandoned units are handled in a lawful, efficient, and respectful manner.
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1. Definition of an Abandoned Unit
A residential unit may be considered abandoned if:
- The tenant has been absent from the unit for an extended period without prior notice to the property management company.
- Rent has not been paid, and there has been no communication from the tenant for at least 14 consecutive days.
- Personal property appears to have been removed, and there are other indicators of abandonment (e.g., utilities disconnected, mail uncollected).
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2. Notification Process
2.1 Initial Verification:
- The property management company will attempt to verify the tenant’s status by:
- Contacting the tenant via phone, email, or any other provided contact method.
- Checking for signs of activity within the unit (e.g., utilities usage, maintenance requests).
2.2 Notice of Intent to Reclaim:
- If the unit is suspected to be abandoned, the property management company will issue a written “Notice of Intent to Reclaim the Unit” to the tenant’s last known address and any provided emergency contact. This notice must:
- State that the unit is believed to be abandoned.
- Request the tenant to contact the property management company within 14 days to confirm their intent to retain possession.
- Warn that failure to respond may result in the unit being considered abandoned and re-rented.
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3. Inspection of the Unit
3.1 Entry for Inspection:
- After the 14-day notice period has expired without response, the property management company may enter the unit to inspect it for signs of abandonment. Entry will be conducted in compliance with Massachusetts law, including proper documentation and notice.
3.2 Assessment of Property:
- The unit will be inspected for personal belongings and any signs that the tenant may still occupy the space.
- Photographs and written documentation will be taken to record the condition of the unit and its contents.
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4. Handling Personal Property
4.1 Storage Requirements:
- If personal belongings are found, they will be stored in a secure location for at least 30 days as required by Massachusetts General Laws Chapter 186, Section 15F.
4.2 Tenant Notification:
- The tenant will be notified in writing of:
- The location of their belongings.
- The deadline to reclaim their items.
- The possibility of disposal or sale of the belongings after the 30-day period.
4.3 Disposal of Unclaimed Property:
- If the tenant does not reclaim their belongings within 30 days, the property management company may:
- Dispose of the items in accordance with Massachusetts law.
- Sell items of value to recover unpaid rent or other costs, with any surplus returned to the tenant.
**Please refer to our "Abandoned Property Policy" for more details**
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5. Re-Renting the Unit
5.1 Termination of Lease:
- The lease will be considered terminated if:
- The tenant fails to respond to notices and reclaim the unit within the specified time.
- Legal procedures for abandonment have been followed.
5.2 Preparation for New Tenant:
- The unit will be cleaned, repaired, and prepared for new occupancy in compliance with state regulations.
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6. Legal Compliance
This policy adheres to Massachusetts General Laws Chapter 186, Section 15F, and any other relevant state regulations governing abandoned residential units.
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7. Contact Information
For questions or concerns regarding this policy, 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 ensure compliance with state and federal laws and to address tenant and operational needs.
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Effective Date: 23rd day of October 2023