What are my obligations for a tenant's abandoned possessions in Massachusetts?

Full question:

I live in the state of Massachusetts. A person who rented a room from me left a large majority of his possessions behind when he moved out Dec 1st. What are my obligations to his possessions? He was also a tenant at will, he was not under a lease. Do not know if that makes a difference.

Answer:

In Massachusetts, when a tenant leaves personal belongings behind, the landlord must follow specific procedures regarding abandoned property. Abandonment generally means the tenant has left the premises without paying rent and with no intention of returning.

As a landlord, you can typically reclaim the property left behind, but you must first make a bona fide effort to notify the tenant about their belongings. If the tenant did not agree to dispose of their items, you must provide them with a 48-hour notice before removing their possessions. The belongings should then be stored at a licensed public warehouse, with the costs covered by you as the landlord, although you can seek reimbursement from the tenant later.

According to Massachusetts law, if the tenant does not reclaim their items within six months, the warehouse may sell the items to cover storage fees. You should also keep a detailed list of the stored items for reference.

For further details, you can refer to Massachusetts General Laws Chapter 239, Sections 3 and 4, which outline the procedures for handling abandoned property.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Abandonment of a rental property occurs when a tenant leaves the premises without paying rent and with no intention of returning. This may be indicated by the tenant vacating the property, removing most personal belongings, and ceasing communication with the landlord. In Massachusetts, specific legal procedures must be followed to determine if a tenant has truly abandoned the property.