| WHAT IF THE TENANT DEMANDS THAT I RETURN THE PERSONAL PROPERTY? |
Presuming you have followed my instructions to issue the Notice of Right to Reclaim Abandoned Personal Property , you are not obligated to return the personal property to the tenant unless and until the tenant pays you for the cost of storing the property. Note that if the property is so extensive that it must remain at the residence for the specified time period described in the preceding paragraph, you may demand the fair rental value of the premises for the number of days the personal property remains at the premises until the date of disposal or sale. My next answer will explain this in greater detail. Under no circumstances may you demand payment of any unpaid rent, attorneys fees, costs of suit, statutory penalties, unpaid utilities, unpaid late charges, damages, repairs, etc. as a condition for returning the personal property to the tenant. You may only demand the payment of the cost of storage and/or moving of the personal property. Later on, if you have been required to publish a Notice of Sale of the property, then you may also demand the cost of advertising. |