Reasonable Care Statement On Evicted Tenants' Personal Property Raises Questions

While dropping off a Notice of Eviction to the Marshall today, I was handed a tri-fold brochure being circulated by the Niagara Falls Police Department entitled "Landlord/Tenant Disputes.

There is really nothing new as far as information goes. It is an educational piece to make tenants aware of there rights and responsibilities. They are the rules of the game. There was one part, however, that could impose new burdens on landlords I've seen in other areas of the country. A potential burden that comes with a price tag.

One paragraph in particular reads,

"After an eviction, the landlord has the duty to take reasonable care of the possessions for a reasonable period of time. While the landlord has the option to move the tenants' possessions into storage and charge the tenant the costs of storage, they cannot simply leave the tenants' possession on the curb."

It is to soon to know how this will affect local landlords. A request for a legal citation on this duty has been made of Judge James Faso. It should go without saying that Landlords should approach this like any problem and work cooperatively with law enforcement while determining the full meaning of this measure.