How can my mother demand removal of her aunt's belongings from the attic?

Full question:

There are three owners for the home my mother lives in - My mother (35%), aunt (22%), and cousin (43%). My aunt lives in the same multi-family dwelling as my mother. However, my mother's apartment is directly underneath the attic where my aunt has stored too much furniture. The ceiling is beginning to show signs of damage from the enormous weight being put on it by my aunt's belongings. I need to know how to go about demanding it be removed as they do not speak. Also, how long must we wait before her belongings would be considered abandoned and can be thrown away. We're afraid the ceiling will cave in so it needs to be done as soon as possible. If it makes a difference - the house is in New Jersey.

• Category: Abandoned Property
• Date: 04/07/2025
• State: New Jersey

Answer:

In New Jersey, property can be considered abandoned under certain conditions. If a tenant does not respond to a notice about their belongings, those items may be presumed abandoned. Specifically, if no response is received within the time specified in the notice, the property is conclusively presumed abandoned (N.J. Stat. § 2A:18-76).

Once property is deemed abandoned, the landlord has several options for disposal. They can sell the property at a public or private sale, destroy it, or dispose of it if the value is low (N.J. Stat. § 2A:18-78).

To address the issue of your aunt's belongings, you may need to formally notify her of the damage being caused to the ceiling and request the removal of her items. If there’s no communication, you may consider sending a written notice. If she does not respond, you may proceed with the steps outlined above regarding abandonment.

For specific guidance tailored to your situation, consulting with a legal professional may be advisable.