Topic: Rent-to-own possessions abandoned in apartment

Hello guys. First time poster here looking for some input. We had an apartment recently abandoned with local rent-to-own items left. The rent-to-own manager is wanting to collect the items from the unit. Our lease states our process of taking possession and liquidating any possessions which are forfeited if left behind in an abandoned apartment. This is a first that we have had with rent-to-own items since 'technically' the tenant did not own the items. Has anyone had experience with this? Any input/ ideas would be greatly appreciated. I have searched for input from our state landlord/tenant laws to no avail and do not plan to invest any money to get advice from our attorney. We are located in Northwest Arkansas.

Thank you for your time and support!

Wow, that is a really tough one! I have never had to deal with this, and I'm interested in finding out what to do if I encounter it.

My guess is that we would follow the same "abandoned property" terms in the lease. Post/mail the abandoned property notice, and if the property isn't collected by the tenant, I'd allow the rental company to come take it back. At least then I wouldn't have to pay to dispose of it.

Let me add that the rent-to-own items consist of a 55" tv & living room set valued between $1200- $2000 (just guessing). We would not dispose of anything. My concern is trying to recoup and losses we sustain due to broken lease.

I'm not an attorney but would find it hard to believe that there was a law about rent-to-own items. Of course, there could be one on abandoned furniture but that's pretty cut-and-dry. I would suggest you sell it if it's nice, and if you want to dispose of it, just let the company come back and get it. I presume this is not a rent-to-own company you want to maintain a relationship with, such as Brook Furniture or another company that specializes (and rewards) property management for leasing apartment furniture to residents.

I have dealt with this issue a couple of times. After declaring and notifying the resident that the unit is now abandoned unless they notify me otherwise within a specified period of time (usually 48-72 hours)all items left are now in my property's possession. Since the rent-to-own manager has contacted you and told you there are items, seemingly still valuable, I would exercise caution in claiming them as yours. However, I would not just give it back either. Here's why. Items of a rent-to-own nature may have the rental company's sticker on it, but indeed, the amount of money paid may now be satisfied and the items could belong rightfully and wholely to the resident. So, the rental company manager needs to produce a contract and take the person to small claims court and receive the judgement. He can then give me the court order proving he owns the items and I would give them back. Keep in mind this takes time, so you have to store those items and take good care of them. Otherwise, you might have to pay for them.

The rental company could say they aren't going to all this trouble, so keep it. They will just write it off and sue the resident anyway for a money judgement. Or, you can decide it's not worth the trouble yourself, call the rental company up and tell them to come get the stuff. However, make sure you have legal possession of the unit first. I have known of cases where even though you think and have declared a unit to be abandoned, it turned out the resident was in rehab for 12 weeks and upon returning home, and perhaps finding someone else in their apartment, having never been evicted properly, they sue for all the possessions the property took control of and sold. Oops.