Dealing with abandoned tenant’s documents
52A Dealing with abandoned tenant’s documents
In this section —
lawful owner, of a tenant’s document, means a person who has a lawful right to the document;
storage period means the period beginning on the day on which the long‑stay agreement is terminated and ending 60 days after that day.
This section applies if a tenant’s document remains on the agreed premises on the day after the day on which the long‑stay agreement was terminated.
A park operator must take reasonable care of a tenant’s document for at least the storage period.
Penalty for this subsection: a fine of $5 000.
The park operator must, during the storage period, take reasonable steps to notify the former long‑stay tenant or, if known to the park operator, the lawful owner —
that the tenant’s document was left at the agreed premises; and
how the lawful owner of the tenant’s document may collect the document.
Penalty for this subsection: a fine of $5 000.
The park operator must give a tenant’s document to the lawful owner of the document if —
the tenant’s document has not been destroyed or otherwise disposed of under this section; and
the lawful owner of the document paid any reasonable costs incurred by the park operator in storing the tenant’s document and notifying the former long‑stay tenant or the lawful owner about the tenant’s document.
Penalty for this subsection: a fine of $5 000.
If a tenant’s document kept under this section has not been claimed by the lawful owner of the document within the storage period, the park operator may destroy or otherwise dispose of the tenant’s document.
Note for this subsection:
Under section 76(1)(b) a park operator may apply to the State Administrative Tribunal for an order to be paid out of the Rental Accommodation Account if the park operator destroys or otherwise disposes of a tenant’s document under this subsection.
Nothing in this section affects the operation of another written law or other law affecting the destruction or disposal of a document.
[Section 52A inserted: No. 28 of 2020 s. 52.]
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