Can my landlord throw my personal property away within 2 days of my moving out even though I was coming back to retrieve them?

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Can my landlord throw my personal property away within 2 days of my moving out even though I was coming back to retrieve them?

Moved out on Sunday signed move out papers, tried to contact her Monday and Tuesday with no answer. Finally got a hold of Wednesday and she stated she threw it all away. Which is a lie because there were numerous new items with tags, new automobile tires, etc. So what do I need to do?

Asked on August 4, 2011 Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of most states, when a tenant vacates a rented unit and leaves behind property, the landlord is obligated to send written notice to the former tenant's forwarding address about the "abandoned" property needed to be picked up at the former rented unit and if not picked up, the landlord will proceed as allowed by statute to remove the belongings within a stated period of time under state law.

Your former landlord moved too quick in discarding you property within two days of move out. Most statutes give 15 days from the notice's date forthe former tenant to retrieve the items left behind. Also, if the items are estimated to be worth over a certain dollar amount ($300.00 as an example) the items cannot be thrown away. They need to be auctioned off typically with notice to you.

Your former landlord owes you the value of the items thrown away.


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