Partner and Chair Michael A. Saffer, Partner Ryan M. Buehler, and Associate Marlene M. Arabia were prominently featured in Issue 4 of the New Jersey Apartment Association’s Apartment Industry Magazine, representing the Landlord-Tenant practice group at Mandelbaum Barrett PC. The piece titled “What Can I Do With All the Personal Property My Tenant Left Behind?” emphasizes the importance of landlords adhering to specific regulations, as failure to do so may result in liability for any personal property that has been unlawfully removed.
Read the full magazine here.
The Abandoned Property Act (N.J.S.A. 2A:18-72 – 84) outlines specific responsibilities for landlords regarding personal property left behind by tenants. Before disposing of any abandoned property, landlords must notify the tenant through certified or first-class mail to the tenant’s last known address. This notice must inform the tenant that their belongings are considered abandoned and must be removed within 30 days of delivery or 33 days of mailing. If the property remains unclaimed, landlords can either sell or dispose of it, provided they believe the value does not justify the cost of storage or sale.
If a tenant retrieves their belongings within the designated time, the landlord cannot demand payment for any unpaid rent. Landlords can also store abandoned items safely and are entitled to reasonable storage fees. However, failure to follow the Act’s requirements could lead to liability for unlawfully removed items, potentially resulting in legal disputes over high-value possessions.
The Act differentiates between residential and commercial leases; commercial leases with specific abandonment provisions are excluded from the Act’s requirements. It is advisable for commercial landlords to include clauses about the handling of abandoned property in their lease agreements. In contrast, any waivers of the Act’s protections in residential leases are unenforceable.
The team notes that if a court orders an “orderly removal” for a tenant facing substantial hardship, the protections of the Act may not apply, and landlords may dispose of or sell the tenant’s abandoned property sooner than the typical notice period.
Landlords must understand the Act thoroughly, as non-compliance can result in tenants recovering damages of up to twice their actual losses. By proactively managing the issue of abandoned belongings, landlords can protect their interests while ensuring compliance with legal obligations. Ultimately, understanding and following the Abandoned Property Act not only safeguards landlords from potential liability but also fosters a fair and respectful relationship with tenants.