21 Day Notice to Recover or Forfeit Abandoned Personal Property for Residential from Landlord to Tenant
Noncompliance with rental agreement by tenant; failure
to pay rent; utility discontinuation; liability for guests;
definition
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E. The landlord shall hold the tenant's personal property
for a period of twenty- one days beginning on the first day after a writ
of restitution or writ of execution is executed as prescribed in section
12-1181. The landlord shall use reasonable care in moving and holding the
tenant's property and may store the tenant's property in an unoccupied
dwelling unit owned by the landlord, the unoccupied dwelling unit formerly
occupied by the tenant or off the premises if an unoccupied dwelling unit
is not available. If the tenant's former dwelling unit is used to store
the property, the landlord may change the locks on that unit at the landlord's
discretion. The landlord shall prepare an inventory and promptly notify
the tenant of the location and cost of storage of the personal property
by sending a notice by certified mail, return receipt requested, addressed
to the tenant's last known address and to any of the tenant's alternative
addresses known to the landlord. To reclaim the personal property, the
tenant shall pay the landlord only for the cost of removal and storage
for the time the property is held by the landlord. Within five days after
a written offer by the tenant to pay these charges the landlord must surrender
possession of the personal property in the landlord's possession to the
tenant upon the tenant's tender of payment. If the landlord fails to surrender
possession of the personal property to the tenant, the tenant may recover
the possessions or an amount equal to the damages determined by the court
if the landlord has destroyed or disposed of the possessions before the
twenty-one days specified in this section or after the tenant's offer to
pay. The tenant shall pay all removal and storage costs accrued through
the fifth day after the tenant's offer to pay is received by the landlord
or the date of delivery or surrender of the property, whichever is sooner.
Payment by the tenant relieves the landlord of any further responsibility
for the tenant's possessions.
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Title 33, Chap. 10, §33-1368