A common question we often receive from landlords is “What do I do with my tenant’s property that they left behind?” This question likely stems from the landlord’s understanding that New Hampshire generally does not allow “self-help” to landlords. Tenant’s property is no different. In New Hampshire, a landlord must “maintain and exercise reasonable care” in storing the personal property of a tenant who has vacated the premises, either voluntarily or by eviction, for a period of seven days after the date the tenant has vacated. After the seven day limit has expired, the landlord can dispose of the personal property as they see fit without notice to the tenant. However, during the seven day period, the landlord must provide tenant access to recover the personal property without charging rent or storage fees.
As you can see, should the tenant voluntarily leave the premises this is fairly straightforward – maintain the property for 7 days and give tenant access to retrieve it. However, many times the tenant provides the landlord no real indication that they have truly vacated the property. In that case, what triggers the seven day period or constitutes abandoned property? The legislature recently amended the law to state that “relinquishment of possession” occurs when the landlord receives a signed statement by each adult tenant stating they have left the premises with no intent to return. At that point, the tenant’s have vacated. Further, if the tenants have physically vacated the premises without the intent to return they have “abandoned” possession. It will be presumed that tenants have abandoned the property if the landlord provides all tenants with a written property abandonment notice, identifying two of the following four conditions are present: a) Tenants have provided written notice of their intent to vacate by a certain date and that date has passed; b) All keys to the premises have been returned; c) Tenants have removed the majority of the personal property and the only items remaining that would be inconsistent with the continued use of the premises; or, d) Tenants have failed or neglected to pay rent for a period of more than 91 days.
Landlords should be cautious in dealing with personal property that the tenant has left behind. Certainly, the property must be reasonably maintained for the seven day period following vacancy. In the situation where the timing of vacancy is questionable, the landlord should take the steps to serve a Notice of Property Abandonment both to the lease premises as well as by certified mail to the tenant stating at least two of the reasons evidencing “abandonment” and providing seven days from the date of the notice to pick up the property. After seven days has run, the landlord may dispose of the personal property without notice as they see fit.
McGrath Law Firm represents both landlords and tenants in regards to leases, tenancies and evictions.
To learn more about landlord/tenant rights, or learn more about your legal rights, contact an experienced and results oriented attorney at the McGrath Law Firm, PA. To make an appointment, call (603) 224-7111 or (800) 283-1380, or visit www.mcgrathlawfirm.com.