§ 4462. Abandonment; unclaimed property
(a) A tenant has abandoned a dwelling unit if:
(1) there are circumstances that would lead a reasonable person to believe that the dwelling
unit is no longer occupied as a full-time residence;
(2) rent is not current; and
(3) the landlord has made reasonable efforts to ascertain the tenant’s intentions.
(b) If the tenant abandons the dwelling unit, the tenant shall remain liable for rent
until the expiration of the rental agreement. However, if the landlord rents the
dwelling unit before the expiration of the rental agreement, the agreement terminates
on the date of the new tenancy.
(c)(1) If any property, except trash, garbage, or refuse, is unclaimed by a tenant who has
abandoned a dwelling unit, the landlord shall give written notice to the tenant mailed
to the tenant’s last known address that the landlord intends to dispose of the property
after 60 days if the tenant has not claimed the property and paid any reasonable storage
and other fees incurred by the landlord. The landlord shall place the property in
a safe, dry, secured location, but may dispose of any trash, garbage, or refuse left
by the tenant. The tenant may claim the property by providing the landlord with the
following within 60 days after the date of the notice:
(A) a reasonable written description of the property; and
(B) payment of the fair and reasonable cost of storage and any related reasonable expenses
incurred by the landlord.
(2) If the tenant does not claim the property within the required time, the property shall
become the property of the landlord. If the tenant claims the property within the
required time, the landlord shall immediately make the property available to the tenant
at a reasonable place and the tenant shall take possession of the property at that
time and place.
(d) Any personal property remaining in the dwelling unit or leased premises after the
tenant has vacated may be disposed of by the landlord without notice or liability
to the tenant or owner of the personal property, provided that one of the following
has occurred:
(1) The tenant provided actual notice to the landlord that the tenant has vacated the
dwelling unit or leased premises.
(2) The tenant has vacated the dwelling unit or leased premises at the end of the rental
agreement. (Added 1985, No. 175 (Adj. Sess.), § 1; amended 1999, No. 115 (Adj. Sess.), § 1; 2007, No. 176 (Adj. Sess.), § 46.)