If a not-for-profit organization leaves a storage building on private property in KY for 8 years without paying any rent who owns the building--the organization or the property owner?

Answer 1

It probably does NOT matter whether the building is from a non-profit organization or not. The main issues seem to be:

A) WHether or not you notified the landowner that you were leaving something on their property.

B) Whether or not they agreed to it and

C) How long the agreement stipulates you may leave it (if they DO agree--this is important since often, when a tenant "quits" a property, the landlord may agree that you can leave things behind, but then go back on the deal, especially if the thing has value. This happened to us (involving our child's wooden play-gym). The owner agreed we could leave it until we arranged to have it picked up. But when we went to get it, they had sold it to a neighbor!

Though nothing was in writing, they claimed "abandonment of property" and we merely said we would call the police and claim "theft". Their lawyer advised them to return the gym, which they did, probably since they had taken the extra liberty of selling it to someone not involved! It's a sticky situation and with landlords and tenants, it's best to get everything in writing if possible.

In most states, any property left for a certain amount of time on someone else's property is considered to be "abandoned", unless there is an agreement otherwise. The owner of the land does NOT usually have to file a notice of this, but after the required time, may claim the property (whatever it is) as his/her own and do with it what they like.

In Massachusetts, the time limit is usually less than one year, depending on the property. For instance, when tenants leave behind goods (as in our case), even large things such as tool sheds or children's play gyms, those things are considered to be abandoned UNLESS the tenant notified the landlord and reached an agreement of how long the thing(s) could be left on the property.

Here is page one of a document relating to this situation, in Kentucky:

From: 393.060 Presumption of abandonment of certain property held by ...

393.060 Presumption of abandonment of certain property held by bank or ...

Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. ...

www.lrc.ky.gov/krs/393-00/060.PDF

"393.060 Presumption of abandonment of certain property held by bank or financial organization. The following property held or owing by a banking or financial organization is presumed

abandoned:

(1) Any deposit (legal, beneficial, equitable, or otherwise), whether payable on demand

or a time deposit, including a deposit that is automatically renewable, in any bank or

trust company in this state, together with the interest thereon and less any deductions permissible under state or federal law including but not limited to dormancy fees and service charges, unless the owner has within seven (7) years or

within seven (7) years of the first date of maturity, in the instance of a time deposit:

(a ) Communicated in writing or by other means, reflected in a contemporaneous record prepared by or on behalf of the bank or trust company, with the bank or trust company concerning it;

(b) Been credited with interest on his request or by his action;

(c) Had a transfer, disposition of interest, or other transaction noted of record in the books or records of the bank or trust company;

(d) Increased or decreased the amount of the deposit; or

(e) Has not received a regularly mailed statement of account or other notification or communication, mailed by the bank or trust company. Mailings shall be considered not received if returned to the bank or trust company marked undeliverable by the United States Postal Service or other provider of delivery services. A mailing shall be considered regularly mailed if it is of the type sent to all owners of a certain category of deposit and is mailed no less than annually;

(2) Any sum payable on checks certified in this state or on written instruments issued in this state on which a banking or financial organization or business association is directly liable, including, by way of illustration but not of limitation, certificates of deposit, drafts, money orders, and traveler's checks, that with the exception of traveler's checks has been outstanding for more than seven (7) years from the date it was payable, or from the date of its issuance if payable on demand, or, in the case of

traveler's checks that has been outstanding for more than fifteen (15) years from the date of its issuance unless the owner has within seven (7) years or within fifteen (15) years in the case of traveler's checks corresponded in writing with the banking

or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization;

(3)

Any funds or other personal property, tangible or intangible, removed from a safe deposit box or any other safekeeping repository or agency or collateral deposit box

in this state on which the lease or rental period has expired due to nonpayment of rental charges or other reason, or any surplus amounts arising from the sale thereof pursuant to law, that have been unclaimed by the owner for more than seven (7)

years from the date on which the lease or rental period expire..."