• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Recovering property from landlord?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Vance357

Junior Member
What is the name of your state (only U.S. law)? Oregon

I moved out of a rental property and for various reasons had to leave some things behind totaling more than $6,000 in value. Under the law in Oregon the landlord is required to have a sale on this value of property and send me any profits with an itemized list, minus any rent or fees I may owe. (I don't owe anything) If I can't be found they have to send the money to the state treasury, the landlord cannot ever keep the profits. I did receive a letter from the landlord stating they believe the property to be worth in excess of $1,000 and would sell the property if it was not picked up within a specified time period. I never heard anything else even though the landlord knows where to find me and never received any payments.

Almost a year later I still do not have my property nor do I have any payment for it's value or an itemized accounting of the property. I want to take action to recover my property, but how do I start? Form ORS 105.112 looks like a good place to start but states I must have "demanded return of the property".

How do I demand return of the property? Can I simply send a certified leter stating what I am demanding, and why? I have an itemized list of all the items that were missing, with values, pictures, witnesses, and video.
 


adjusterjack

Senior Member
ORS 105.112 isn't going to work for you if the landlord sold the property and just didn't send you the money. It appears that he did comply with 90.425 by sending you notice.

You failed to pick up the items within the lawful deadline.

The only thing you get to sue for now is the money that the items were worth at the time of the sale.

And "worth" is not what it will cost you to replace, it's the USED value.

You would still have to make a demand for the money and attest to that on the complaint form.

http://www.courts.oregon.gov/forms/Documents/SC-ClmNotice.pdf
 

justalayman

Senior Member
That is the template when filing suit.

How about a simple letter or phone call and ask where is your property or the remaining proceeds of any sale the landlord may have undertaken to dispose of the property.


You also need to understand, value is not determined by replacement cost. It is the depreciated value of the items. A $6000 purchase can depreciate to under a $1000 depreciated value quite quickly.
 

HRZ

Senior Member
WHat may be missing is that is that if only two junk men show up at the auction and the stuff sells for $7.00 your net after expenses is ZERO.
 

Vance357

Junior Member
ORS 105.112 isn't going to work for you if the landlord sold the property and just didn't send you the money. It appears that he did comply with 90.425 by sending you notice.
I appreciate the information. I am aware I have no further right to "the property", but I do have every right to it's full value. I also have no way of knowing if the landlord actually held a sale, my overwhelming guess is that he did not. I suspect most of it went straight to the dump and he kept anything he liked. By sending me a notice he agreed that the property was there and worth in excess of $1,000, so we don't have to argue.

And "worth" is not what it will cost you to replace, it's the USED value.
I was quoting used replacement value. New, we would be in the neighborhood of $10-20,000. I've actually given quite generous discounts.

You would still have to make a demand for the money and attest to that on the complaint form.
And how do I go about officially doing this? Submit the official small claims complaint form?

Interestingly, Oregon has a law that says if the landlord fails to pay you for your property, they now owe double the value. Does this apply in this case, if we simply assume the landlord did whatever he wanted with my property and made no attempt to compensate me for it?
 

Vance357

Junior Member
How about a simple letter or phone call and ask where is your property or the remaining proceeds of any sale the landlord may have undertaken to dispose of the property.
Is this required by law? As you might be able to guess, things are less than amicable between me and the landlord. According to the laws I have read, I don't have to make a request for payment, he just has to send it.

You also need to understand, value is not determined by replacement cost. It is the depreciated value of the items. A $6000 purchase can depreciate to under a $1000 depreciated value quite quickly.
Value is determined by replacement cost. For example, if I paid $500 for a new couch, and used it for a year, and a similar "used" couch cost $300, then that is the replacement cost. He owes me what it takes to get the same items in the same condition they were in. Not brand new, but the same condition they were in. The landlord already agreed the value exceeds $1,000 in his own words.


I'm not arguing the value of my property here. I have a very detailed spreadsheet, with depreciated costs, that totals well in excess of $6,000. I'm specifically not elaborating on what that property is because there is no reason to argue about it.
 

Vance357

Junior Member
WHat may be missing is that is that if only two junk men show up at the auction and the stuff sells for $7.00 your net after expenses is ZERO.
That's not how it works. The sheriff does the sale and they need to get fair market value. And they do because lots of people show up to their sales. Even at ridiculous auction prices I know my stuff would bring more than $1,000.

Also, because I was evicted by a sheriff, I do not have any requirement to pay storage, moving, or sale fees.

Additionally, if the landlord failed to have a sale at all, (high probability) then I can set my own prices and he would have a lot of trouble arguing with them.
 
Last edited:

Vance357

Junior Member
Want to spell that out with a little more specificity please. It matters.
Actually I don't think it does. Property was left over after the last date I was allowed in the building. I still own the property, I am still owed the value of it. Doesn't really matter why.
 

justalayman

Senior Member
Value is determined by replacement cost. For example, if I paid $500 for a new couch, and used it for a year, and a similar "used" couch cost $300, then that is the replacement cost. He owes me what it takes to get the same items in the same condition they were in. Not brand new, but the same condition they were in. The landlord already agreed the value exceeds $1,000 in his own words.
Because the nature of most residential items do not allow for that, that is not typically how value is determined. A court will apply a percentage reduction for depreciation unless you can show any given item is available on the market and its value (not advertised price but actual value)

I'm not arguing the value of my property here. I have a very detailed spreadsheet, with depreciated costs, that totals well in excess of $6,000. I'm specifically not elaborating on what that property is because there is no reason to argue about it.
thats all well and good but you need to be able to show the property is worth north of $1000 or the law allows the landlord to toss the stuff in the trash.

From the Oregon state bar;


If you are a landlord, your first responsibility is to give the tenant a written notice explaining that his or her belongings are considered abandoned and have been safely stored. This notice also must explain that the tenant must contact you within 5 days after personal delivery of the notice or 8 days after mail delivery of the notice, to arrange for removal of the belongings, or else you may sell them or throw them away. (The time period is 45 days for abandoned recreational vehicles, manufactured dwellings and floating homes.) The notice must tell the tenant how to contact you, and that you will make the belongings available for removal by appointment at reasonable times. The notice must also explain that, under certain circumstances, there could be a storage charge the tenant must pay. Finally, if you think the fair market value of the tenant’s belongings is worth $1000 or less, or so low that the cost of storage and sale probably exceeds the amount that would be realized from the sale, the notice must say that you will throw or give away any belongings not claimed within the required time period. The value of abandoned recreational vehicles, manufactured dwellings or floating homes must be no more than $8,000 for the landlord to be able to dispose of them without sale. The same kind of notice must go to any lien holder or holder of title on these kinds of property, and to the county tax assessor and tax collector in the county where the abandoned manufactured dwelling or floating home is located. (As of Jan. 1, 2016, under certain circumstances the county is required to cancel personal property taxes owed on some abandoned manufactured dwellings that are sold to a person who intends to keep the dwelling in the facility where it is located to occupy as a residence.)

The landlord must either have the notice personally delivered to the tenant or sent first class mail to the tenant at all three of the following locations: the rental unit, any post office box the landlord knows about, and the most recent forwarding address known to the landlord.
take note where thelandlord is obligated to send the notice.

Based on this statement of yours;

and would sell the property if it was not picked up within a specified time period. I never heard anything else even though the landlord knows where to find me and never received any payments.
”knows where to find me” doesn’t mean you provided him with an actual forwarding address. If you haven’t, you may wish to contact the landlord to check on this before suing.

You really don’t want to waste a court’s time by not doing your due diligence to and checking to see if the landlord sent notices as required and has possibly since turned the money over to the government.


As to your “you still own the property”; um, no, unless the landlord hung onto it all this time. Otherwise you don’t own anything but are owed the remainder of any sale proceeds after the landlord has deducted anything you may have owed him (since you were evicted, did you owe the landlord any rent or damages?) and any storage fees until the property was sold and the costs of selling the property.
 

justalayman

Senior Member
Additionally, if the landlord failed to have a sale at all, (high probability) then I can set my own prices and he would have a lot of trouble arguing with them.
No you can’t set your own prices. If the landlord still has the items, it’s likely a court will order them be returned to you. If the court orders the landlord pay as if he has sold the items, it’s going to be the same old thing;
You show what you paid and the court will depreciate them for you. If you can prove an actual market value for an item, if it differs from what a court assigns based on depreciation, that’s what you’ll get
 

justalayman

Senior Member
Also, because I was evicted by a sheriff, I do not have any requirement to pay storage, moving, or sale fees.
Um, not correct. You’re obviously depending on this;

g) If the personal property is considered to be abandoned pursuant to subsection (2)(c) of this section, the landlord may not require payment of storage charges prior to releasing the personal property;
2c is obviously the section addressing tenant who were evicted. You failed to follow through with your research. That section refers to when you retrieve the property and it isn’t sold. If you skip down a few sections you’ll find information regarding the sale. Here is one section;

13)(a) The landlord may deduct from the proceeds of the sale:
(A) The reasonable or actual cost of notice, storage and sale; and
(B) Unpaid rent.
(b)
 

justalayman

Senior Member
Interestingly, Oregon has a law that says if the landlord fails to pay you for your property, they now owe double the value. Does this apply in this case, if we simply assume the landlord did whatever he wanted with my property and made no attempt to compensate me for it?
the law says “up to twice”. I presume it’s judicial discretion as to the amount.

This is where is gets back to chasing tails before you go to court. If you do nothing and even if the landlord owes you money but it was easily remedied by you contacting then landlord, especially if the judge is a “landlord friendly” judge, that “up to” may become nothing over actual value.


So generally, it isn’t wise to assume much of anything.
 

HRZ

Senior Member
I've gone to a few sheriffs or constables sales of stuff at a residence--and its NOT rare that they bring pennies so lets not jump to conclusions *.

HOWEVER , OP, if the law mandates such a sale , and your LL failed to have one conducted that gives you a good bit of leverage to sue under the law you say is there--and I doubt any DJ is going to cut the LL any breaks for doing it wrong.

* One of the practical local issues around me is that constables get a commission on such sales and they will duck doing them for unrewarding :junk...but that may not be true in you area.. I just gotta bet that if a proper auction took place there is a record of it not too hard to find.

As a LL I kept pretty decent photo records of stuff left behind---perhaps your LL was not so smart.
 

Vance357

Junior Member
You guys are just going around in pointless circles and not answering the question.

More than $1,000 in value was left at the landlord's property. The landlord still owes me this value, unless he still has all the stuff and can just hand it over. I do not legally owe the landlord any rent, fees, or storage costs. These are the simple facts.

Question: How do I legally retrieve this property or the value of such? Do I need to send a specific form? File a lawsuit? Simply send a demand letter?

Yes, I realize I probably will have to file a lawsuit for the full value in the end, but before I am allowed to do that, I must make "good faith effort" to recover the value.

Further, my property is not household items and thus they are very easy to put a solid value on, but again, I'm not asking about that here. It helps that I have high quality pictures with serial numbers, 4k video, and multiple witnesses as to what I owned and it's current condition.

And, just to be clear my landlord has my forwarding address. In fact, he has three of them.
 
Last edited:
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top