§ 41-130 — Abandoning, surrendering or eviction from possession of

dwelling unit - Disposition of personal property. A. If the tenant abandons or surrenders possession of the dwelling unit or has been lawfully removed from the premises through eviction proceedings and leaves household goods, furnishings, fixtures, or any other personal property in the dwelling unit, the landlord may take possession of the property, and if, in the judgment of the landlord, the property has no ascertainable or apparent value, the landlord may dispose of the property without any duty of accounting or any liability to any party. The landlord may dispose of perishable property in any manner the landlord considers fit. B. If the tenant abandons or surrenders possession of the dwelling unit or has been lawfully removed from the premises through eviction proceedings and leaves household goods, furnishings, fixtures, or any other personal property in or around the dwelling unit, the landlord may take possession of the property, and if, in the judgment of the landlord the property has an ascertainable or apparent value, the landlord shall provide written notice to the tenant by certified mail to the last-known address that if the property is not removed within the time specified in the notice, the property will be deemed abandoned. Any property left with the landlord for a period of thirty (30) days or longer shall be conclusively determined to be abandoned and as such the landlord may dispose of said property in any manner which he or she deems reasonable and proper without liability to the tenant or any other interested party. C. The landlord shall store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care of the property. The landlord shall not be responsible to the tenant for any loss not caused by the landlord's deliberate or negligent act. The landlord may elect to store the property in the dwelling unit that was abandoned or surrendered by the tenant, in which event the storage cost may not exceed the fair rental value of the premises. If the tenant's property is removed to a commercial storage company, the storage cost shall include the actual charge for the storage and removal from the premises to the place of storage. D. If the tenant removes the personal property within the time limitations provided in this section, the landlord is entitled to the cost of storage for the period during which the property remained in the landlord's safekeeping plus all other costs that accrued under the rental agreement. E. The landlord may not be held to respond in damages in an action by a tenant claiming loss by reason of the landlord's election to destroy, sell or otherwise dispose of the property in compliance with the provisions of this section. If, however, the landlord deliberately or negligently violated the provisions of this section, the landlord shall be liable for actual damages.

Legislative History

Added by Laws 1978, c. 257, § 30, eff. Oct. 1, 1978. Amended by Laws 1983, c. 273, § 12, operative July 1, 1983; Laws 1987, c. 218, § 1, eff. Nov. 1, 1987; Laws 1988, c. 138, § 3, eff. Nov. 1, 1988; Laws 1989, c. 347, § 3, eff. Nov. 1, 1989; Laws 1990, c. 88, § 1, eff. Sept. 1, 1990; Laws 1995, c. 149, § 5, eff. Nov. 1, 1995; Laws 1999, c. 212, § 2, eff. Nov. 1, 1999; Laws 2019, c. 61, § 1, eff. Nov. 1, 2019. NOTE: Laws 1987, c. 181, § 10 repealed by Laws 1988, c. 138, § 4, eff. Nov. 1, 1988.