Full question:
We rented a house in Oregon, moved out less than a year ago. When we moved out, we told the management company we'd be taking our fence. The new tenant thought about buying it from us and we agreed to let her just use it for awhile.The tenant never bought it, moved out soon thereafter. We're in a small town and I have done some Pro Bono work for the management company meanwhile, unrelated to the rental. Today I reminded her we would be removing it. She at first said we'd better move it asap. Then a couple of emails later, said it's up to the owner.Is that true? The property manager knew all along we would want it and never mentioned anything about it being a problem.Now she is saying it's abandoned property. I sense that they have promised the current renter that they have the fence and she doesn't want to install one of her own.What are our legal rights to go on the property and remove the fence?
- Category: Landlord Tenant
- Date:
- State: Oregon
Answer:
When a person holds property for another without compensation, a legal relationship called a bailment is created. In a gratuitous bailment, the bailee (the person holding the property) must take reasonable care of the property, but the standard of care is lower than in other types of bailments. If the property is considered abandoned, the landlord may dispose of it according to state law.
In Oregon, if a tenant has left personal property behind, the landlord must follow specific procedures before disposing of it. This includes giving notice to the tenant that the property is considered abandoned. If the landlord believes the tenant has left the property with no intention of claiming it, they may proceed with disposal after proper notice (Oregon Revised Statutes § 90.425).
In your case, since you informed the management company about your intention to remove the fence and it was not meant to be abandoned, you may have a right to retrieve it. If the property manager now claims it is abandoned, they must follow the legal process outlined in the statute. It would be advisable to communicate with the management company and reiterate your intent to remove the fence, as well as your prior agreement regarding its removal.
If necessary, you may want to consult with a legal professional to explore your options further.
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.