Make intelligent decisions and manage risks with handling personal property found in or at a rental that is suspected to be abandoned.
Landlords and property managers are regularly faced with handling personal property found in their rentals suspected to be the tenant's abandoned property. It is critical to try and determine if the property is abandoned or not, who may have rights to it, and then deal with the situation in a manner to minimize the risk of liability. If the personal property is dealt with improperly, the landlord or property manager risks substantial liability to the tenant. Liability can also extend also to co-tenants, the tenant's family, secured interest holders, a bankruptcy trustee, and/or governmental entities (including criminal prosecution). This topic will provide a foundation for landlords, property managers, and attorneys to make intelligent decisions and manage risks with handling personal property found in or at a rental that is suspected to be abandoned.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
When Is a Tenant's Property Abandoned?
- Statutory Definitions/Indicia of Abandonment (Keys, Utilities, Unpaid Rent, Bedsheets, Medicine, Valuables, Furniture, Vehicle)
- Lease Definitions/Fixtures/Residential vs. Commercial Rentals
- Ownership Identification (Co-Tenant, Purported Spouse, Liens, Probate, BK Trustee)
Liability for Handling Abandoned Property
- Finders Keepers/Self-Help
- Bailments and Standards of Care and Charging for Storage
- Conversion and Civil Theft
- Evictions as Means of Liability Protection
- Landlord's Lien and the Relic Distress and Distraint Statutes
- Notice and Sale of Unclaimed or Abandoned Property
- Interpleader
- State Law Survey on Landlord's Treatment of Abandoned Property
Special Considerations
- Motor Vehicles, Trailers and Equipment
- Drug Labs/Marijuana Cultivation/Hazardous Materials/Prescriptions
- Firearms
- Pets
- Military Tenants
- Donating Possessions/Charitable Gift
- Uniform Unclaimed Property Act and Other Unclaimed Property Statutes
- Practical Considerations - Document, Document, Document
- Vehicle Charging Station Statutes in Residential Rentals
- Finding the Tenant and Providing Notice (Emergency Contacts, Forwarding Address, County and Municipal Jail, Background Checks, Posting and Mailing, Missing Person's Report, Hospitals)
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on July 12, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Brandon R. Ceglian
Law Offices of Brandon R. Ceglian, P.C.
- Attorney and owner of Law Offices of Brandon R. Ceglian, P.C. in Littleton, Colorado, with nearly 20 years’ experience
- Practice focuses primarily on residential and commercial evictions, property management issues, including legal compliance and defense in the Denver metro area and throughout the Colorado front range
- Published author on a variety of legal topics and a frequent speaker on landlord/tenant law and property management in Colorado
- Voted Best of the Best attorney by Colorado Community Media in 2014, 2016, and 2018
- Supplier member of the Colorado Apartment Association, the National Association of Residential Property Managers, and the South Metro Denver Realtor’s Association
- Member of the Colorado Landlord Legislative Coalition, providing legal assistance for the landlord legislative lobby in Colorado
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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