§41-130.
§41-130.
A. If the tenant abandons or surrenders possession of the dwelling
unit or has been lawfully removed from the premises through eviction
proceedings and leaves household goods, furnishings, fixtures, or any
other personal property in the dwelling unit, the landlord may take
possession of the property, and if, in the judgment of the landlord,
the property has no ascertainable or apparent value, the landlord may
dispose of the property without any duty of accounting or any
liability to any party. The landlord may dispose of perishable
property in any manner the landlord considers fit.
B. If the tenant abandons or surrenders possession of the dwelling
unit or has been lawfully removed from the premises through eviction
proceedings and leaves household goods, furnishings, fixtures, or any
other personal property in the dwelling unit, the landlord may take
possession of the property, and if, in the judgment of the landlord
the property has an ascertainable or apparent value, the landlord
shall provide written notice to the tenant by certified mail to the
last-known address that if the property is not removed within the time
specified in the notice, the property will be deemed abandoned. Any
property left with the landlord for a period of thirty (30) days or
longer shall be conclusively determined to be abandoned and as such
the landlord may dispose of said property in any manner which he deems
reasonable and proper without liability to the tenant or any other
interested party.
C. The landlord shall store all personal property of the tenant in a
place of safekeeping and shall exercise reasonable care of the
property. The landlord shall not be responsible to the tenant for any
loss not caused by the landlord's deliberate or negligent act. The
landlord may elect to store the property in the dwelling unit that was
abandoned or surrendered by the tenant, in which event the storage
cost may not exceed the fair rental value of the premises. If the
tenant's property is removed to a commercial storage company, the
storage cost shall include the actual charge for the storage and
removal from the premises to the place of storage.
D. If the tenant removes the personal property within the time
limitations provided in this section, the landlord is entitled to the
cost of storage for the period during which the property remained in
the landlord's safekeeping plus all other costs that accrued under the
rental agreement.
E. The landlord may not be held to respond in damages in an action by
a tenant claiming loss by reason of the landlord's election to
destroy, sell or otherwise dispose of the property in compliance with
the provisions of this section. If, however, the landlord deliberately
or negligently violated the provisions of this section, the landlord
shall be liable for actual damages.
