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10/02/2018

Does a unit become abandoned

Fort Pierre Hotel Development Group, LLC - Jordan Gealy

Does a unit become abandoned after a period of time if they have removed their lock and gone into delinquency? If so, after how many days of delinquency and no lock does it become abandoned? If it is abandoned, do you still have to take it to auction or does the unit become the facilities to deal with?

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4 Comments

Kelley Dvorak   on Thursday 10/04/2018 at 07:17 PM

Does your lease address abandoned goods?

Our lease has an abandoned goods clause, citing if the contents are left unsecured for a certain amount of time, the goods will be considered abandoned & we will dispose of the contents. we always send written notification to the tenant prior to actually disposing of the contents & take photos of the abandoned items.

if your lease doesn't have this clause, I would recommend you photograph the contents, secure with a break away security tag and follow your lien process.

Lynn Sykes   on Thursday 10/11/2018 at 12:13 PM

I agree with Kelley and would add that if you are taking it through the lien process you should secure the unit with a lock and a security tag.

Adam Jarrell   on Thursday 10/11/2018 at 12:23 PM

I echo what Kelley said about the lien sale.

Depends how unreachable the customer is. If you can make some contact and get them to talk to you, you may have some more success. I have a short form I use that basically the customer can sign or agree to and it legally turns the customer's belongings over to me so I can sell/dispose of without having to go through a lien sale.

If the customer is completely unreachable, then it's a judgement call. If it's a few boxes, no valuables, most likely abandoned and I would trash. I would also recommend reviewing gate logs if those are digital to see when customer last accessed the unit.

Kevin Leebrick   on Monday 10/15/2018 at 10:25 AM

Kelley is spot on here. Refer back to your lease.

Disclaimer: The opinions expressed in the comments shown above are those of the individual comment authors and do not reflect the views or opinions of this organization.