Tenants and Landlords have legal rights and responsibilities. These rights and responsibilities are stated in many different laws. Contact our office today to speak to a knowledgeable attorney about your rights and obligations.
What do I do with Tenant’s belongings after eviction?
The Abandoned Tenant Property Act N.J.S.A. 2A:18-72 to -84 governs abandonment of property left by a Tenant on a Landlord’s property. The Act compels a Landlord to comply with the enumerated requirements before disposing of a Tenant’s property. Metpark II, LLC v. Kempfe (N.J. Super. App. Div., 2018).
A Landlord of commercial or residential property, in the manner provided by P.L.1999, c.340 (C.2A:18-72 et al.), may dispose of any tangible goods, chattels, manufactured or mobile homes or other personal property left upon a premises by a Tenant after giving notice as required by section 2 of P.L.1999, c.340 (C.2A:18-73), only if the Landlord reasonably believes under all the circumstances that the Tenant has left the property upon the premises with no intention of asserting any further claim to the premises or the property and:
In short, The Landlord must have regained possession from the Tenant, either by way of eviction action, or by way of other conclusive proof that the Tenant has voluntarily surrendered possession of the premises (e.g.; the Tenant turned in the keys or indicated in writing that he or she has surrendered possession); and
The Landlord shall also serve the Tenant with a written notice, advising the Tenant that he or she must claim all belongings in the apartment within 33 days, or they will be presumed to be abandoned, and may be disposed of.