Full question:
My step father and mother lived with me and then they separated. He left and has never came back to get his personal property that includes, a boat, 4-wheeler, and many tools. They are still married. My mom and I have now moved and had to move his personal property to the new address. He is aware of the move; yet, never asked about his property. It has been 45 days since he left. Do I now have a right to any of this property or does my mom have a right to sale any of the property as they are still married?
- Category: Abandoned Property
- Date:
- State: Tennessee
Answer:
If the property is considered abandoned, local laws regarding abandoned property will apply, which can vary by area. Generally, these laws require notifying the owner at their last known address, specifying a timeframe for retrieving the property before it can be sold.
In Tennessee, a tenant's property left behind is deemed abandoned after 30 days of unexplained absence or 15 days of unpaid rent, indicating they have vacated. In such cases, landlords must notify the tenant of their intent to take possession of the property within ten days unless the tenant contacts them. If the tenant does not respond, the landlord can remove and store the belongings for at least 30 days. If the tenant fails to reclaim their possessions during this period, the landlord can sell or dispose of the items, applying the proceeds to unpaid rent, damages, and storage fees (Tenn. Code Ann. § 66-28-405).
Since your stepfather has been absent for 45 days and has not requested his belongings, it may be possible for your mother to sell or dispose of them, but she should follow the appropriate legal procedures to avoid any potential issues.
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.