may 2000

A New Law Now Affects a Landlord When Disposing of a Tenant’s Abandoned Personal Property

BACKGROUND

The New Jersey Legislature recently enacted a statute which affects both commercial and residential real property, setting requirements for the way landlords can dispose of personal property abandoned by tenants.

The law must be followed by landlords to defeat tenant's claims for loss or damage as well as penalties.

The law addresses:

  • Notice to the tenant and how it is given.

  • How to store the tenant's abandoned personal property.

  • How and when the landlord may dispose of the tenant's abandoned personal property.

  • The landlord’s remedies if the tenant fails to respond to the notice.

  • Costs which the landlord may recover.

  • Good faith compliance with the statute by the landlord.

  • Penalty of double damages, as well as the inability to collect unpaid rent, storage and removal costs, can be assessed if the landlord fails to comply with the statute.

    WE RECOMMEND

    Adhere to the requirements of the new statute to make certain you establish a claim of good faith and to avoid damages and penalties. The new statute applies even though your leases may have other provisions dealing with tenants' abandoned personal property. All leases should be revised to take the new statute into account.

    If you have any questions concerning the new statute or the appropriate language to include in new leases, please contact Jack Fersko.