Dealing with Abandonment in Your Salt Lake City Rental Property
Abandonment happens when tenants leave your property without notice, usually when they stop paying rent. There are two types of abandonment situations and we’ll go over how to handle each one according to Utah law.
Definition of Abandonment
According to Utah Code § 78B-6-815 abandonment is considered when:
- The tenant doesn’t pay rent within 15 days after due date AND
- There’s no reasonable evidence of occupancy, OR
- The tenant’s personal property has been removed and rent is unpaid
1-Day Abandonment
When tenants leave without paying rent and take all their belongings with them it’s considered a 1-day abandonment. This is an easy one to handle:
- Visit the property after one day
- Before entering announce yourself as the owner checking for occupancy
- Use your key to enter (your lease should allow this)
- If you get no response and the place is empty the tenant has abandoned the home
Even though rent is past due you can take possession of the property, clean it up and get it ready for new tenants.
15-Day Abandonment
This is a more complex situation when:
- The tenant is late with rent
- You post a 3-Day Notice to Pay or Quit
- After three days you visit the property to check occupancy since the tenant hasn’t paid or contacted you
- After knocking and getting no response you enter with your key
- You find the tenant’s belongings still there but signs they haven’t been living there recently (like rotten food)
In this case you must follow the 15-Day Abandonment process:
- After 15 days post an Abandoned Premise form on the door
- This gives the tenant 24 hours to get their belongings
- If their belongings remain after 24 hours you can remove them
What to do with abandoned personal property in a Salt Lake City rental property
When tenants leave belongings behind after abandoning your rental property you must follow specific rules to stay compliant with Utah law. Here’s what to do:
Step 1: Document Everything
- Take dated photos of all abandoned items
- Create a detailed inventory list of everything left behind
- Record the condition of each item
- Have a witness present if possible
Step 2: Written Notice* Send the notice to the tenant’s last known address
- Post a copy on the property door
- Include in the notice:
- Itemized list of property
- Where the property is stored
- That storage costs may apply
- Deadline to retrieve property (30 days)
- Your contact information
Step 2: Store the Property
- Move the property to a secure location
- Keep the property in reasonably safe condition
- Separate valuable items (electronics, documents, jewelry)
- Store for the full 30 day period
Step 3: Handle Retrieval Requests
- If the tenant contacts you to get their property:
- Arrange a reasonable time for pickup
- Verify their identity before releasing the property
- Have them sign for the property
- You can charge reasonable storage and moving costs
Step 4: After 30 days
- If the property is still unclaimed after 30 days:
- Items of obvious value: You can sell at a public sale
- Items of minimal value: You can dispose of or donate
- For sales:
- Apply proceeds first to costs of storage and sale
- Apply any remaining funds to unpaid rent/damages
- Hold any excess funds for the tenant for 90 days
Step 5: Documentation after Disposal
- Keep records of:
- How you disposed of each item
- Any money received from sales
- Receipts for storage costs
- Documentation of donation if applicable
Step 6: Special Considerations
- For personal documents: Store or return to tenant
- For medications: Dispose of at a pharmacy collection point
- For hazardous materials: Follow local disposal regulations
By following these steps you will be compliant with Utah Code § 78B-6-816 and manage abandoned property situations effectively.