Abandonment

Division Of Student Affairs; Western Michigan University

What Is Abandonment:

If you aren't sure whether a tenant has actually abandoned property, a de termining factor can be whether rent is current. IF RENT IS CURRENT, A L ANDLORD MAY NOT TREAT PROPERTY AS ABANDONED. If rent is not current and the landlord in good faith believes that the tenant has abandoned the pre mises, a landlord who then disposes of a tenant's personal property will not be guilty of violating M.C.L.A. 600.2918(3)(c); M.S.A. 27A.2918(3)(c ), which states that it is an unlawful interference with a tenant's posse ssory interest to remove, retain or destroy the personal property of the possessor.

In the case of an abandoned vehicle (providing rent is not current and yo u believe in good faith that the tenant has actually abandoned the premis es), call a private towing service and have the vehicle towed away.

Disposing Of Property

There is presently no legislation in Michigan which deals specifically wi th the abandonment of personal property by tenants. Abandoned property h as long been a nuisance to local landlords. In the absence of specific l egislative guidelines, we recommend the following:

ASSUMING THE TENANT HAS RELINQUISHED POSSESSION OF THE UNIT, ANY ABANDONE D PROPERTY SHOULD BE HANDLED AND/OR DISPOSED OF ACCORDING TO ITS ESTIMATE D VALUE.

1. If the property is estimated to be of no value, dispose of it immedia tely. One person's trash may be another's treasure so it is best to exerc ise caution. If you decide to dispose of the property, make an inventory and record the date and method of disposal.

2. If the property is of limited value (less than $100), make a reasonab le effort to return it. Call or write the tenant. Keep a record of attemp ts made to contact the tenant. Hold the property for a minimum of 15 days . If you are unable to contact the tenant, dispose of the property and re cord the date and method of disposal.

3. If the property is of moderate value (more than $100 but less than $1 500), store it in a safe place and make a diligent effort to return it. H old the property for a minimum of 30 days. If the cost of handling or sto ring it approaches the estimated value of the property, dispose of it app ropriately. Keep a record of attempts to contact the tenant, make an inve ntory of the property and record the date and method of disposal.

4. If the property is estimated to be worth more than $1500, consult an attorney for legal advice.

Financial Consideration:

A landlord does not acquire an immediate lien against abandoned property. However, it would be unreasonable to expect a landlord to retain a form er tenant's personal possessions indefinitely. If,

IN FOLLOWING THESE GUIDE- LINES, A LANDLORD SELLS PROPERTY, IT IS REASONABLE FOR THE LANDLORD TO AP PLY THE PROCEEDS TOWARD THE COST OF THE STORAGE AND HANDLING OF THE PROPE RTY OR TOWARD UNPAID RENT.

Legal Considerations:

If a tenant returns to claim property before it is disposed of, the prope rty should be released to the tenant. If the tenant refuses to reimburse you for storage and handling expenses, you can pursue the matter in the small claims division of the appropriate district court.

If a tenant feels that a landlord has wrongfully disposed of the tenant's personal property, the tenant should consult an attorney or pursue the m atter in the small claims division of the appropriate district court.