| IF THE TENANT DOES NOT CLAIM AND PAY FOR THE STORAGE COSTS OF THE PERSONAL PROPERTY AFTER THE 15/18 DAY PERIOD, WHAT DO I DO?
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If the total value of the property was reasonably assessed by you, and so stated on the aforementioned Notice of Right to Reclaim Abandoned Personal Property to be worth less than $300, you may do anything you wish to the personal property (ie. sell, destroy, give away, etc.). Your appraisal must be reasonable. I suggest that you take photographs of the belongings and have someone assist you in inventory and value assessment. Please do not forget the cliche that "One person's junk is another's treasure !" That old fiddle just might be a Stradivarius! If the total value of the property was reasonably assessed by you to be worth more than $300, you must conduct a sale of the property by public "auction." After the eighteen days (if you mailed the Notice of Right to Reclaim Abandoned Personal Property form), or after fifteen days (if you were fortunate enough to hand deliver the Notice of Right to Reclaim Abandoned Personal Property form to the tenant), then you must publish a Notice of Sale in a newspaper of general circulation in the county in which the personal property is located. The newspaper will then publish a Notice of Sale for two consecutive weeks. The sale will be scheduled approximately three to four weeks later. During the interim period, you must store and keep the personal property in such a location that it is not stolen, damaged or destroyed. Again, be reminded that other than your own testimony (which will be claimed by the tenant to be biased) the only way that you will be able to prove the condition of the property at the time of the beginning of the storage is if you have taken photographs and have a witness. Prior to the actual sale, if the tenant comes to you and demands that you return the personal property, you may demand the advance payment of the costs of storage, the costs of moving and the costs of advertising the sale. Remember, that you may not make demand for advance payment of unpaid rent, unpaid utilities, unpaid late charges, attorneys fees, costs of suit, statutory penalties, damages, etc. as a condition to the return of the property. Few people, if any ever show up to the sale. At the sale you will be able to sell the property to the highest bidder. If you are the only bidder, then the personal property becomes yours; and, your are free to throw it away or give it away. If there is a bidder that pays you more than the costs of storage, moving and advertising, then you must deliver the amount that is greater than the costs of storage moving and advertising to the County Treasurer's Office. |