keeping property

[legalese]

Connecticut

If a tenant leaves a washing machine on the property (don't know if he wants it back) how long does it need to stay on the property before it becomes the landlord's property?

legalese

 

[JETX]

If a tenant leaves a washing machine on the property (don't know if he wants it back) how long does it need to stay on the property before it becomes the landlord's property?

You need to send him a WRITTEN notice (certified RRR) that he remove his property within a reasonable time (14 days??) or it will be considered abandoned and disposed of without recourse.

 

[atomizer]

You can also include a storage fee with your notice. let's say 25/mo. until he picks it up. If he doesn't a disposal fee will also be applied should you decide to throw it out... You may not get it, but if he later sues for his property you may be able to offset the amount by the amount owed you for storage.

 

[JETX]

You can also include a storage fee with your notice. let's say 25/mo. until he picks it up. If he doesn't a disposal fee will also be applied should you decide to throw it out... You may not get it, but if he later sues for his property you may be able to offset the amount by the amount owed you for storage.

And of course, that is NOT correct. A party cannot just unilaterally charge storage or disposal.... without PRIOR approval of all parties.

 

[atomizer]

And as always, Jetx has demonstrated his ignorance of the law.


The state marshal executing the eviction must use reasonable efforts to locate and notify the tenant and any other previous occupants affected by the eviction of the date and time of the removal and possible sale of the property. The marshal must also give the chief executive officer (CEO) of the town where the rental unit is located a 24-hour notice of the eviction, stating the date, time, and location, and general description, if known, of the type and amount of property to be removed.
If the property is unclaimed, the marshal can set it on an adjacent sidewalk, street, or highway. If not immediately removed, the CEO must remove and store the property at the tenant's expense. The CEO can sell, at a public auction, any property remaining in storage for more than 15 days after the eviction. He must make reasonable efforts to locate and notify the tenant of the sale, including posting a notice one week in advance of the auction on a public sign post located near the place of eviction or, if there is no sign post, at some exterior place near the town clerk's office.
Within 30 days after the auction, the CEO must turn auction proceeds, minus a reasonable charge for removal and storage, to a tenant who asks for them. Absent a request, the CEO turns the proceeds over to the town treasury.

Connecticut
§ 47a-42

Rules regarding abandonment of premises.
Abandonment is typically defined as absence of the tenant from the premises for a period of time when rent has not been paid. Provided the statutory definition is met, a Landlord is allowed to reposses the premises and store tenant’s belongings. A Tenant may recover same before the expiration of a certain time period, but must reimburse landlord for the cost of storage.
Connecticut Residential Landlord and Tenant Law - Residential Landlord and Tenant - Landlord Tenant

 

[justalayman]

Abandonment of unit by occupants. Landlord's remedies. (a) For the purposes of this section, "abandonment" means the occupants have vacated the premises without notice to the landlord and do not intend to return,

where did the OP say there was anything concerning abandoning the premises? and your 47a-42 does not allow the LL to charge anything because it has to do with evictions where if the property is placed on the sidewalk, the town CEO is responsible to store the property.

so, how about when a tenant simply leaves at the end of a lease?

 

[atomizer]

where did the OP say there was anything concerning abandoning the premises? and your 47a-42 does not allow the LL to charge anything because it has to do with evictions where if the property is placed on the sidewalk, the town CEO is responsible to store the property.

so, how about when a tenant simply leaves at the end of a lease?

47a-11b

If all the occupants abandon the dwelling unit, the landlord may send notice to each occupant at his last-known address both by regular mail, postage prepaid, and by certified mail, return receipt requested, stating that
(1) he has reason to believe that the occupant has abandoned the dwelling unit,
(2) he intends to reenter and take possession of the dwelling unit unless the occupant contacts him within ten days of receipt of the notice,
(3) if the occupant does not contact him, he intends to remove any possessions and personal effects remaining in the premises and to rerent the premises, and
(4) if the occupant does not reclaim such possessions and personal effects within thirty days after the notice, they will be disposed of as permitted by this section.
The notice shall be in clear and simple language and shall include a telephone number and a mailing address at which the landlord can be contacted.
If the notices are returned as undeliverable, or the occupant fails to contact the landlord within ten days of the receipt of the notice, the landlord may reenter and take possession of the dwelling unit, at which time any rental agreement or lease still in effect shall be deemed to be terminated.
*
The landlord shall inventory any possessions and personal effects of the occupant in the premises and shall remove and keep them for not less than thirty days.
The occupant may reclaim such possessions and personal effects from the landlord within said thirty-day period.
If the occupant does not reclaim such possessions and personal effects by the end of said thirty-day period, the landlord may dispose of them as he deems appropriate.

 

[justalayman]

and there is nothing in that section that would allow charging storage fees, which this entire discussion is about. So, again, you prove yourself to be wrong but I guess you should be getting used to that.

So, let;s see, you said:

You can also include a storage fee with your notice

and you just proved yourself wrong

You may not get it, but if he later sues for his property you may be able to offset the amount by the amount owed you for storage.

which is wrong

If he doesn't a disposal fee will also be applied should you decide to throw it out..

which is wrong

And as always, Jetx has demonstrated his ignorance of the law.

which was wrong but it was surely applicable to you in this case

and let's see what JETX wrote:

You need to send him a WRITTEN notice (certified RRR) that he remove his property within a reasonable time (14 days??) or it will be considered abandoned and disposed of without recourse.

and what the actual statute requires:

(d) The landlord shall inventory any possessions and personal effects of the occupant in the premises and shall remove and keep them for not less than thirty days. The occupant may reclaim such possessions and personal effects from the landlord within said thirty-day period. If the occupant does not reclaim such possessions and personal effects by the end of said thirty-day period, the landlord may dispose of them as he deems appropriate

.

It seems JETX was incorrect about the amount of time required but he did put a couple question marks along the 14 to indicate a possible lack of being 100% correct. . Then he said write a letter and low and behold, the statute says write a letter.

and look at that, once the prescribed time expires, what can the LL do with the property:

If the occupant does not reclaim such possessions and personal effects by the end of said thirty-day period, the landlord may dispose of them as he deems appropriate

and JETX wrote what?

r

it will be considered abandoned and disposed of without recourse.

It is obvious your claims, atomizer (you do realize that an atomizer is one of those little things women use to spray perfume with that simply blows air when you squeeze the bulb, don't you? I guess your screen name does fit your personality), were simply wrong and all your huffing and puffing simply did nothing to prove you correct.

 

[atomizer]

Justagayman, why is it that whenever anyone questions Jetx you come to his defense? Is there something you wish to share about your relationship?

Now, if a LL can dispose of personal abandoned property after proper notice, does it not seem logical that he can also charge for storage? is it not the LL's property now?

 

[HomeGuru]

Justagayman, why is it that whenever anyone questions Jetx you come to his defense? Is there something you wish to share about your relationship?

Now, if a LL can dispose of personal abandoned property after proper notice, does it not seem logical that he can also charge for storage? is it not the LL's property now?

**A: atomdizer, did your brain split into 2? What the heck is wrong with you?

 

[justalayman]

Justagayman, why is it that whenever anyone questions Jetx you come to his defense? Is there something you wish to share about your relationship?

Now, if a LL can dispose of personal abandoned property after proper notice, does it not seem logical that he can also charge for storage? is it not the LL's property now?

actually, your claim isn't true. In fact, I am probably one of the folks that gives JETX the hardest time around here. If I think he is wrong, I say so. In this case, he happens to be right and because it is you, I couldn't resist but make everybody see how wrong you can be.

and no, if the law says one can toss the stuff, that is what you can do. Unless it says you can charge for storage, you don't get to charge for storage. It really is as simple as reading the law.

 

[JETX]

And as always, Jetx has demonstrated his ignorance of the law.


The state marshal executing the eviction must use reasonable efforts to locate and notify the tenant and any other previous occupants affected by the eviction of the date and time of the removal and possible sale of the property. The marshal must also give the chief executive officer (CEO) of the town where the rental unit is located a 24-hour notice of the eviction, stating the date, time, and location, and general description, if known, of the type and amount of property to be removed.

Ignore 'Atombrain'.... the forum troll. He somehow thinks that a 'STATE MARSHALL' (who has the obligation to store removed tenant property and can charge for it).... some how is the landlord (who CANNOT charge for storage unless previously agreed to or noticed).

 

[JETX]

47a-11b

You're a friggin' IDIOT.
First you claim that the landlord can charge the tenant for storage.... then provide a cite that says NOTHING about it!!

 

[atomizer]

You're a friggin' IDIOT.
First you claim that the landlord can charge the tenant for storage.... then provide a cite that says NOTHING about it!!

I quit trying to influence the mindless bureaucratic drones that are unable to make a decision on their own unless it is specifically indicated by the law. The fact is that after 30 days the property becomes the property of the LL. He can throw it out, sell it, or charge the tenant if he wants it back. But since you have no reading comprehension, I don't expect you to get it. Say hello to your boyfriend.

 

[justalayman]

The fact is that after 30 days the property becomes the property of the LL. He can throw it out, sell it, or charge the tenant if he wants it back. But since you have no reading comprehension, I don't expect you to get it. Say hello to your boyfriend.

but that isn't what you said before. You specifically stated the LL could charge storage for the property immediately as well as trying to charge a disposal fee:

You can also include a storage fee with your notice. let's say 25/mo. until he picks it up. If he doesn't a disposal fee will also be applied should you decide to throw it out...

Yep, after 30 days, the LL can do whatever he want to with HIS property. Until that 30 day period expires, he is limited to what he can do with the TENANTS property and one thing he cannot do is charge a storage fee.

We were speaking of what the LL could do with the TENANTS property.

Try to spin it however you want, you are just plain wrong.