441.065. Abandonment of rental premises, when, procedure.
Abandonment of rental premises, when, procedure.
441.065. Any property of a tenant remaining in or at the premises,after the tenant abandons the premises, may be removed or disposed of bythe landlord without liability to the tenant for such removal ordisposition. The premises shall be deemed abandoned if:
(1) The landlord has a reasonable belief that the tenant has vacatedthe premises and intends not to return;
(2) The rent is due and has been unpaid for thirty days; and
(3) The landlord posts written notice on the premises and mails tothe last known address of the tenant by both first class mail and certifiedmail, return receipt requested, a notice of the landlord's belief ofabandonment. The notice shall include the following, where appropriate:"The rent on this property has been due and unpaid for thirty consecutivedays and the landlord believes that you have moved out and abandoned theproperty. The landlord may declare this property abandoned and remove yourpossessions from this unit and dispose of them unless you write to thelandlord stating that you have not abandoned this unit within ten days ofthe landlord having both posted this notice on your door and mailing thisnotice to you. You should mail your statement by regular first class mailand, if you so choose, by certified mail, return receipt requested, to thisaddress . . . . . . . . . . . (here insert landlord's name and streetaddress)"; and
(4) The tenant fails to either pay rent or respond in writing to thelandlord's notice within ten days after both the date of the posting anddeposit of such notice by either first class mail or certified mail, returnreceipt requested, stating the tenant's intention not to abandon thepremises.
(L. 1997 H.B. 361)