Personal Property Left Behind
Personal Property Left Behind
After arrest/retaking of property
After an arrest for housebreaking or unlawful entry, the owner must provide safe storage of any personal property remaining on the property for 21 days. If, within that 21 days, the owner receives an affidavit or notice of hearing regarding the personal property, then the owner must hold on to the property until after the court decides what should happen.
The Neighborhood Justice Center is a great resource for owners and occupants who are trying to arrange a time, place, and way to exchange the personal property. Call or visit the Neighborhood Justice Center's webpage.
The owner can charge reasonable and actual costs of inventory, moving, and storage before releasing the personal property to the occupant. If the occupant disagrees with the amount that the owner is charging, the occupant should file a Motion to Recover Personal Property & Affidavit to Contest Personal Property Lien. This Motion must be filed within 14 days after the owner retook possession and/or changed the locks. The court will schedule a hearing within 10 judicial days after the filing of the motion.
OCCUPANT'S MOTION TO RECOVER PERSONAL PROPERTY AND AFFIDAVIT TO CONTEST PERSONAL PROPERTY LIEN AFTER ARREST
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After civil removal process
If there was no arrest for housebreaking or unlawful occupancy, the owner must provide safe storage of any personal property remaining on the property for 21 days after the occupant leaves the property, whether the occupant surrenders the property voluntarily or the constable or sheriff forces the occupant out. If, within 14 days after the occupant leaves or is locked out, the owner receives an affidavit or notice of hearing regarding the personal property, then the owner must hold on to the property until after the court decides what should happen.
The Neighborhood Justice Center is a great resource for owners and occupants who are trying to arrange a time, place, and way to exchange the personal property. Call down or visit the Neighborhood Justice Center's webpage.
The owner can charge reasonable and actual costs of inventory, moving, and storage before releasing the personal property to the occupant. If the occupant disagrees with the amount that the owner is charging, the occupant should file a Motion to Contest Personal Property Lien. This Motion must be filed within 14 days after the surrender of the property or the removal of the occupant, whichever comes first. The court will schedule a hearing within 10 judicial days after the filing of the motion.
OCCUPANT'S MOTION TO CONTEST PERSONAL PROPERTY LIEN AND FOR RETURN OF PERSONAL PROPERTY
