You are the Landlord.\u00a0 You went through the court system, and you received a judgment for possession from the court. \u00a0You filed the appropriate paperwork with the court.\u00a0 You filed your warrant for removal along with the Landlord certification<\/a>.\u00a0 The Court Officer served an eviction notice on the premise, and you received possession of the property either by the Court Officer or through the Tenant voluntarily giving up possession of the property.\u00a0 As you begin to walk through your property you notice that the Tenant left their personal property in the house.\u00a0 You remember the judge stating that anything the Tenant leaves behind is abandoned property and becomes the property of the Landlord.\u00a0 So, as the Landlord, what can you do with this property?\u00a0<\/p>\n

The Abandoned Property Act, <\/span>N.J.S.A.<\/i> 2A:18-72 <\/span>et. seq.<\/i> establishes the steps a Landlord<\/a> must take with a Tenants abandoned property.\u00a0<\/span><\/p>\n

In Part 1 The Jayson Law Group LLC will look at the requirements for the Landlord to dispose of the abandoned property<\/a> and the notices the Landlord must give the Tenant regarding abandoned property.\u00a0<\/span><\/p>\n

One caveat to The Abandoned Property Act is that the language of this statute is superseded by any language contained in the lease agreement between the Landlord and the Tenant.<\/span><\/p>\n

N.J.S.A. 2A:18-72. Disposal of remaining personal property abandoned by tenant<\/strong><\/p>\n

N.J.S.A. 2A:18-72<\/a>\u00a0is the first statute in the Abandoned Property Act and states, in relevant parts, that a Landlord \u201cmay dispose of . . . personal property left upon a premises by a tenant<\/a>.\u201d\u00a0 There are three requirements that must be present for a Landlord to dispose of the Tenant\u2019s abandoned property.<\/span><\/p>\n

1)\u00a0\u00a0\u00a0\u00a0\u00a0 Notice must be given as dictated by <\/span>N.J.S.A.<\/i> 2A:18-73 (which we will discuss in a later post);<\/span><\/p>\n

2)\u00a0\u00a0\u00a0\u00a0\u00a0 The Landlord reasonably believes the Tenant left the property with no attention of asserting any further claim to the property; AND<\/p>\n

3)\u00a0\u00a0\u00a0\u00a0\u00a0 One of the following two conditions exist<\/p>\n

a) A warrant for removal was executed and possession of the premises was restored to the Landlord, OR<\/p>\n

b) Tenant gave written notice of the Tenant\u2019s intention to voluntarily relinquish possession of the premises.<\/p>\n

This concludes <\/span>The Jayson Law Group LLC\u2019s examination of the first section of The Abandoned Property Act. Questions? We serve businesses in Springfield, New Jersey<\/a>, NEwark and beyond. \u00a0 We will continue our review of The Abandoned Property Act in upcoming posts. \u00a0In our next post we will examine the notice requirements of The Abandoned Property Act.\u00a0<\/span><\/p>","protected":false},"excerpt":{"rendered":"

You are the Landlord.\u00a0 You went through the court system, and you received a judgment for possession from the court. \u00a0You filed the appropriate paperwork with the court.\u00a0 You filed your warrant for removal along with the Landlord certification.\u00a0 The …<\/p>\n","protected":false},"author":2,"featured_media":2721,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-1486","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-landlord-tenant-law"],"yoast_head":"\n