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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4198
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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When is personal property considered abandoned under a

Customer Question

When is personal property considered abandoned under a commercial lease contract
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist you today.

There is no definitive state where the property is considered abandoned. It is determined based on a totality of the circumstances. Generally, if it appears that a significant amount of the property has been moved out, and there is no sign that the tenant is still using the property, the landlord can determine that it has been abandoned.

Landlords have to be very careful about making decisions too quickly and easily about this, because if they end up in court, the judge may disagree and they may be responsible for the property that remained, and/or for constructive eviction of the tenant, if the tenant in fact had not abandoned the space.

I hope this helps,

Kim

Customer: replied 1 year ago.
The tenant told us 2 months ago that she was not continuing the business and has not opened in that time. She has left 8 tanning beds in space and we want to remove them. The beds are security in our expired lease with her.
Expert:  KimberlyLaw replied 1 year ago.

Ok, well if she told you that she was going to move out, then that would support your move to remove the beds. You did not mention whether she gave you a date. There is still a chance she intends to return for the beds, although if they are security on the lease and she still owes some money then you would be entitled to keep them anyway.

If she does not owe you money and you decide to move them, I would place them in storage for a reasonable period of time before selling them so that she has an opportunity to come back and claim them soon. She won't have long to do that, but if you have some uncertainly here, that would be a prudent approach.

Kim