Getting Property Back After You Move Out
by: Law Access New Mexico
GETTING PROPERTY BACK AFTER YOU MOVE OUT
Can my landlord keep my property when I abandon the property?
If your rental agreement requires you to give notice for an absence that is longer than seven days and you have not given notice, the landlord may enter your home or apartment to remove and store personal property for not less than thirty days.
When you abandon the rental property, the landlord must give you notice of his/her intent to dispose of the property on a date not less than thirty days from the date of the notice. The notice must be sent by first class mail, postage prepaid, to your last known address or to another address that you have provided, such as your place of employment, a family member's address, or an emergency contact's address. The notice shall also contain a telephone number and address where you can reasonably contact the landlord to retrieve the property prior to the disposition date.
The landlord shall provide reasonable access and an opportunity for you to retrieve all of your stored property prior to any sale and may require you to pay reasonable moving and storage fees before releasing your property. If you do not claim or attempt to retrieve your personal property before the date specified in the notice of disposition of the property, the landlord may dispose of your property.
What if I voluntarily surrender occupancy of the rental property?
If you voluntarily surrender occupancy of the rental property, the landlord shall store your personal property for at least fourteen days, but shall provide reasonable access for you to obtain possession of your personal property. Again, you may have to pay reasonable moving and storage fees before the landlord releases your property. The landlord may dispose of your property after fourteen days if you fail to claim it.
What if the landlord has a writ of restitution against me?
If your rental agreement has been terminated by a writ of restitution, the landlord has no obligation to store any personal property after three days following execution of the writ of execution and may dispose of the personal property in any manner without further notice or liability.
What happens to the proceeds when the landlord sells my property?
If the property has a market value of less than 100 dollars ($100), the landlord has the right to dispose of your property in any manner. For example, the landlord may keep it, donate it, or trash it.
If your property is worth more than $100, the landlord may sell it. Any money in excess of the amount due and owing to the landlord shall be mailed to you at your last known address within fifteen days of the sale, along with an itemized statement of the amounts received and the amounts allocated to costs. The landlord may also keep your property for his/her own use or for the use of others and credit the fair market value of your property against the amount you owe to the landlord. Any value in excess of the amount due and owing to the landlord shall be mailed to you at your last known address within fifteen days of the retention of the property, along with an itemized statement of the value allocated to the property and the amount allocated to costs.
If the proceeds collected from a sale or retention of the property exceed the amount you owe the landlord, the landlord shall send an accounting with the excess funds to you at your last known address. If your last known address is the dwelling unit, the landlord will send at least one notice to your place of employment, to family members, or to an emergency contact.
Remember that the landlord can charge you: (a) reasonable storage fees for any time that the landlord provided storage for your personal property, and (b) the prevailing rate of moving fees.
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Last Reviewed On: 03/02/06
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