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Senate Bill 1376 – Landlord Obligation Regarding Tenant’s Personal Property

SB1376 makes changes to how a landlord must treat a tenant’s personal property.  This can occur in a community association when the association forecloses its assessment lien and evicts the owners or other occupants of a unit after taking ownership and possession of the unit or home.  After taking possession, the landlord must inventory the tenant’s personal property and inform the tenant of the location and cost of storage of the personal property.  The landlord can dispose of perishable or contaminated items.  Animals can be immediately released to a shelter but the landlord must keep a record of where the animal(s) are taken.  The landlord also has the option to provide reasonable care for the animals if not immediately removed.

The personal property must be held for 14 days instead of the current 10 day requirement.  After this time period, and if the tenant has made no reasonable effort to recover the items, the landlord can donate the items to a qualifying charitable organization.  Any tax benefit from the donation, however, belongs to the tenant.  If the tenant tenders payment for removal costs and storage, the landlord must return the items to the tenant.


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