Regardless of how or why a tenant has moved out, you now have work to do to close out the unit and get it ready for the next tenant. For example, if a tenant installs something, like a bookcase or an elaborate fortress for their cat, it becomes part of the property and does not need to be returned. I did not give enough time More Real Estate and Real Property questions and answers in Florida. You can search for an experienced landlord-tenant attorney in Texas using Nolo's Lawyer Directory. The Texas Property Code does not require that a landlord store your property. more attainable than ever. The attorney listings on this site are paid attorney advertising. A landlord can get a Writ of Possession six days after winning an eviction hearing. If they are not, you could give them the opportunity to collect their possessions. Texas case law may dictate what you must do with a tenant's abandoned property. Not usually, but sometimes yes. Code. Legally, am I entitled to any items left on the property after the closing if we did not make any other agreements? We helped him pack all of the stuff in the house and made two 80 mile trips to move his stuff with our pickup truck and trailer, with no reimbursement for fuel. to collect their possessions. In some states, vehicles, boats, trailers, etc., must be reported to the police as abandoned property and dealt with by law enforcement. Getting Your Belongings from Your Former Home, Digital strategy, design, and development by. I recently purchased a home and the seller left items on the property; a few gardening tools, some tools, buckets and other junk under a deck. In this arrangement, you pay the warehouseman to get your property back. Not for sale. Find your state-mandated tenant property holding periods and other important information below. My question involves real estate located in the State of: Maryland. Buyers who work with a Partner Agent receive guidance on the closing process and how to deal with potential conflicts with the seller. these items were left on the propery after the closing date and i did not give him an extension to leave the items on the property. A real estate lawyer will be able to guide you with regards to the laws in your area about the situation. If they left their rusted early-70s Camaro on the lawn, treat it like any abandoned motor vehicle parked in front of your house and handle it through your local law enforcement. Results 1 to 4 of 4 Who Owns a Boat, Left on Real Property After Closing Share Thread Tools Email this Page 1998), S.D. By flycologirl in forum Buying, Selling and Conveying Real Estate, By cwboytx in forum Real Estate Ownership and Title, By skunktriscuit in forum Estate Planning, Administration and Probate, By SteveD(TX) in forum Landlord-Tenant Law, Buying, Selling and Conveying Real Estate, Who Owns a Boat, Left on Real Property After Closing, http://www.statutes.legis.state.tx.uhtm/TN.683.htm, http://www.statutes.legis.state.tx.u/htm/PR.72.htm, Property Seller's Rights to Personal Property Left After Closing, Who Owns Improvements to Real Property - the Landlord or Tenant, If this is your first visit please consider. If there is insufficient money to cover back rent, property damage, or storage costs, you may sue the tenant in small claims court. Once you determine what to do and have disposed of the property, you can usually keep a portion of the security deposit to cover the expenses. For general tips on crafting a smart lease or rental agreement, see The Basics of Leases and Rental Agreements. For states that do not have requirements, 30 days is recommended. Following the statutory procedures relating to abandoned property protects . Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. Dealing with Abandoned Property After Foreclosure.March 25, 2019. Her work has been featured in Military Officer, California Lawyer, the American Scholar, and PracticeLink magazines. Montana. Usually, after a closing, any personal belongings that remain in the home are considered to be abandoned by the prior owner, and you can discard as you wish. But if the tenant has left belongings like a couch, microwave or lava lamp, you have different responsibilities. Keep the cost of removal and storage handy. A. If you lose your eviction case, your landlord can get a document called a Writ of Possession after six days. You should have written the seller and given a deadline for removal after which deadline you would dispose of the items. Here is the problem the house was FULL of his stuff. In these states, the items are typically left outside, and landlords are NOT required to store, maintain, or protect the tenants belongings, meaning that if the items get stolen, vandalized, or damaged by the weather, the landlord isnt responsible. Experts recommend getting everything in writing to avoid having to deal with the sellers abandoned items. The general assumption is that anything that is on the property after the buyer has taken possession of it belongs to the buyer. Most states require you to provide an itemized list of the expenses so you can prove the costs if the tenant disagrees. If the tenant fails to comply within the deadline given on the notice, landlords can file an eviction action with the appropriate court, the judicial officer rules to formally evict the tenant from the property, and an eviction order is issued that allows the tenant, and their belongings, to be physically removed from the rental unit. After 30 days, the warehouseman may sell your property. You might want to consider settling out of court. Landlords in Colorado: What You Need to Know About the State's Anti-Price Gouging Law, Worried About Paying Your Mortgage? Zillow, Inc. holds real estate brokerage licenses in multiple states. The situation is similar if the tenant left after you had given them a termination notice with clear and legal terms. 2022 Clever Real Estate. There is a reason why buyers choose to have that much wiggle room when confirming the purchase of a home. Ideally, moving into a new home would be a smooth process. Anayat Durrani is a freelance education reporter for U.S. News and World Report. However, a Writ of Possession does let an officer decide whether to hire a warehouseman. Try contacting local organizations or the authorities to see if they assist you. Q. Regrettably, most likely. Personal Property Left Behind After Closing Karin Torbenson Rental Property Investor Auburn, WA Posted 3 years ago I purchased my first investment property in Chelan, Washington in December of last year. And the housing market is doing well thanks to more people moving to Texas. If your landlord will not give you a key to the new lock, you may consider filing a lawsuit. With the final walkthrough before closing on a home. Landlord liability. What if the Seller Leaves Items Behind After Closing? Under Texas law it's my understanding that the boat and all other items are now mine since there was no amendment to the contract excluding the boat and it was left after closing. If the tenant cannot be found, then the proceeds may be sent to the towns or states treasury as unclaimed funds, depending on the state. Youll also want to make sure you serve the notice correctly. It also touches on the role of a "warehouseman" and the process of reclaiming property from one. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. Texas Property Code 24.0062(e) sets out 16 categories of property that can be paid for separately. You have to make this demand either before they remove your property or before they leave the premises. Your revised lease can cover different circumstances, such as the steps you'll take if the tenant moves out after giving proper notice or after an eviction. If, after 30 days, you do not pay the warehouseman fees, they can begin to sell your belongings. It covers the role of a Writ of Possession, the responsibilities of a landlord, and the options available to a tenant in regards to their property. Stophomeforeclosurehelp, an online resource for those facing foreclosure, notes that items which belong to the house including hot water heaters, light fixtures and appliances should all be left behind with the property. items left on propery after closing. This article addresses what happens to your personal property after you have been evicted or have abandoned a rental property. You can find these statutes on the website maintained by the Cornell Legal Information Institute. Depending on the state, you may be required to give written notice to the tenant before disposing of any items, but then youre free to do one (or more) of the following: We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. who owns the items. Oregon. Your lease may define what abandoned property is. i recently purchased a home and the seller left behind several personal items such as a lawn mower, edger, chair and other items. This article explains eviction, including what it is and what steps you may want to take if you are facing eviction. In Texas, the entire eviction process takes about three weeks. Some states, like California, have very detailed instructions on how a notice regarding property left at the rental unit needs to be delivered to the tenant. See if they can store some property for you. What will happen if I do not pay the warehouseman? Nevada law specifies what a landlord can and must do with the tenant's personal property. Civ. Ann. Keep in mind, the threshold doesnt apply to a single item, but to all the items left behind. Texas Property Code Section 92.0081: Texas statute about lockouts and property removal. Under Texas Property Code 24.0062(a), the lien amount is the reasonable cost of storing and moving your personal property. Generally, landlords are free to dispose of old bottles, wrappers, and other obvious garbage. If the property is considered abandoned, you no longer have any rights to it. In states without written laws explaining the rules, it's particularly helpful to use a lease that says exactly what will happen if the tenant moves out and leaves items behind. Who Owns the Items Left Behind in a House After Closing 1-833-225-3837 Find Agents Who Owns the Items Left Behind in a House After Closing By Clever Real Estate Updated August 7th, 2022 Sellers leaving some of their possessions in a house after the closing date can lead to conflicts with the buyer. Open every kitchen cabinet, closet, bathroom vanity, and medicine cabinet. You can let the seller know that they can retrieve any personal items from the property during the interim. I purchased my first investment property in Chelan, Washington in December of last year. Before drafting a new lease or rental agreement, you should research common practices in Texas regarding abandoned property (the Texas State Law Library may provide some help, or a landlords' association could provide useful advice) to ensure your provisions comply, or hire an experienced attorney to help draft appropriate lease language. California landlords must follow very specific steps before disposing of property that is clearly abandoned, left on real estate which has been the subject of court proceedings such as eviction or foreclosure, or otherwise left behind. If they try to claim anything that is on the property after the moving date, then you should consult an attorney. If you can afford a temporary storage unit, this may work as well. You should publish notice of the sale in a prominent place, including a local newspaper with daily circulation, and send the tenant a final notice that states where and when you will sell the property. Tex. Sellers leaving some of their possessions in a house after the closing date can lead to conflicts with the buyer. 90.425, 105.165. This browser is no longer supported. Remember, just because your tenant left items behind in the rental unit after being evicted, that doesnt mean youre stuck with them. Now, he is taking me to court. Return to Zillow.com. If the rental agreement stated that the landlord will not store property, it can be disposed of immediately. The information and forms available on this website are free. BY Bremer Whyte Brown and O'Meara. Also, your real estate agent can be a great resource and can maybe save you money. What they are, exactly, can vary from state to state, but here are some general guidelines to keep in mind when deciding what to do with those abandoned items. Most states regulate the way landlords must handle property left behind . Illegal Lockouts:Lockout information, including forms for the Writ of Re-Entry (which allows you to return to your home upon a wrongful lockout) and Writ of Retrieval (allows you to retrieve personal property you left behind). W. Fernandez, Sr., J.D., Atty. 83.67; 715.104 to 715.111, Ringler v. Sias, 428 N.E.2d 869 (Ohio Ct. App. In a handful of states, landlords have the option to donate the tenants belongings to a charitable organization, as long as the organization meets the guidelines laid out in state law (if any). Digital strategy, design, and development byFour Kitchens. Moving is a very stressful time for both purchasers and sellers, says Karen Kostiw, an agent at Coldwell Banker Warburg. Some states allow landlords to store tenant belongings at the rental unit, while others require landlords to store them off-site in a secure location, which could be the landlords garage, attic, or something similar, or an actual storage facility, depending on the state. For example, California landlord-tenant law specifies landlords must surrender small items (e.g. It will also have details about the closing date and moving date. Kostiw adds that the contract should also state that anything the sellers leave behind becomes the possession of the buyers, who can dispose of them as they like. In other states, a tenants belongings can be sold to pay off any past-due rent or other debts the tenant owes the landlord, such as costs to repair property damage caused by the tenant. All Rights Reserved. See Texas Landlord's Guide to Security Deposit Disputes in Justice Court for details. When Should You Inspect Your Rental Property? The seller is a neighbor at another property that my boyfriend owns so we would like to stay on good terms with him if at all possible. Typically, an eviction occurs after a tenant has received written notice to move out of the rental unit, stop any activity violating the lease/rental agreement, or pay past-due rent within a certain period of time. 12, 4854a, Va. Code Ann. Having to deal witha refrigerator full of rotting food, a piano, or pricey sports equipment is not easyespecially when youre in the process of moving your own stuff in. If youre a tenant, you should be aware of your rights if you had to leave in a hurry during an eviction process and couldnt take everything with you. A warehouseman is a person who removes and stores your personal property. 2) Destroyed if total value of items is less than $700 OR, 3) Kept by landlord if total value of items is less than $700, 3) Kept or destroyed (value less than $2,000), 2) Disposed of in a reasonable and proper manner if belongings have value, 5) Animals must be reported to appropriate authorities for removal. The closing date is usually set anywhere between a month and 45 days after the offer is confirmed. Once the buyers have closed and the title company confirms the purchase, the buyers own the belongings, says Judy Chin with Re/Max Villa Realtors, Edgewater, NJ. When a tenant moves out, theres always some maintenance, repair and cleanup but what do you do with items they've left behind? This becomes a little easier if your moving date is a few days from your closing date. Texas Property Code 24.0062(k) says you can sue for damages. Abandoned property valued at less than $500 may be disposed of. i recently purchased a home and the seller left behind several personal items such as a lawn mower, edger, chair and other items. If it is raining, the landlord must either wait to remove your property or put your property in a nearby storage container. Remember that you can deduct the cost of cleaning up a tenant's rental unit and making any necessary repairs from their security deposit. A qualified lawyer can help you find and understand any rules that apply to your situation. Some of these categories are: After this 30-day period, a warehouseman can require that you pay for all of the property. Rev. Check with your states laws to find out when and how you can sell belongings left behind by a tenant, and what the landlords allowed to do with the money received from the sale. In this book, author and investor How to Be a Successful Long-Distance Landlord, Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. We are continuously working to improve the accessibility of our web experience for everyone, and we welcome feedback and accommodation requests. Are you allowed to just get rid of it? The other concern is the cost of disposal, and whether you should or can take it out of the tenants security deposit. Fees are non-refundable. You may also have other claims against your landlord for an improper lockout. Yes. Sometimes when a tenant vacates a rental property - whether the tenant leaves voluntarily or because the tenant is evicted - there is personal property of the tenant's left behind on the property, including essential personal items. The constable will give you a copy of the Writ of Possession at least 24 hours before forcibly removing you from the home. You do not have to pay for all of the property stored by the warehouseman. The cost can vary based on location, size, labor, and distance to transport items. No. Since you agreed to store the items, you're now in a bit of limbo. A bailment was created and you didn't protect yourself. Whether a tenant moves out voluntarily or after an eviction, you may find yourself not only cleaning up and repairing damage but also dealing with personal property left behind. Kostiw suggests choosing a move-out date to give the buyer enough time to inspect the property to ensure all contents have been removed. After getting the keys to their new place, buyers might be surprised to stumble across items that the sellers left behind. There are steps both buyers and sellers can take to avoid conflicts at such a time. Avvo has 97% of all lawyers in the US. If you decide to sell the property, be sure to do it at a public sale. So legally the power lies with the buyer in this scenario. Before starting the process, be sure you understand all the steps and get the right help. Once your landlord gets a Writ of Possession, they can begin the final steps to evict you. Personal Property in an Eviction: What Happens to Your Things? Can I get my personal property back if it is or was being improperly held from me? Familiarize yourself with the laws about abandoned property in your state, and talk . The trademarks MLS, Multiple Listing Service and the associated logos are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Texas Justice Court Training Center Eviction Packet: Information and forms relating to eviction court. Most states require you to provide an itemized list of the expenses so you can prove the costs if the tenant disagrees. My landlord improperly locked me out without evicting me in court. Fair Housing Act: The Basics of Fair Housing Laws, Zillow Rentals Consumer Housing Trends Report 2022, Landlording in the Summer: The Season for Improvements and Investments, Zillow Rentals Consumer Housing Trends Report 2021, Frozen Pipes and Other Winter Issues Your Tenants Aren't Taking Care Of. tit. If you don't love your Clever partner agent, you can request to meet with another, or shake hands and go a different direction. But that doesn't mean there aren't rules you should follow. Familiarize yourself with the laws about abandoned property in your state, and talk with a lawyer if you have questions. Enter your zip code to see if Clever has a partner agent in your area. Personal Property Left After Real Estate Closing. In some states, the information on this website may be considered a lawyer referral service. Texas Property Code 24.0062(i) allows you to sue both your landlord and the warehouseman. The cost for hauling away items starts at around $150 and can go upward of $1,000. Vehicles and boats. As the new owner of the home, whats on your property is now yours. Your lease may also lay out the rules for what can happen in such a case. The previous owner would be trespassing if they entered the property after that. We have given written three day Property removed from apartment My lease was up 5/31/00. Another option, although not ideal, is to postpone the closing. Find a lawyer near you. If not, there are common sense steps you should take. Brokerage. Personal Property Left Behind Personal Property Left Behind After arrest/retaking of property After an arrest for housebreaking or unlawful entry, the owner must provide safe storage of any personal property remaining on the property for 21 days. If you do not reclaim it, you are giving up all rights to the property. One of the ways that can happen is if the seller fails to clear the house of their personal possessions after closing. Real Estate and Property Law Buying, Selling and Conveying Real Estate Closings and Escrow:Who Owns a Boat, Left on Real Property After Closing If this is your first visit please consider registeringso that you can post. How long do I have to remove my personal property once I receive an eviction notice? Learn where you can find landlord-tenant laws on abandoned property in your state. This article tells you when a landlord can lock out a tenant and what to do if you are locked out. Closing Costs In Florida, is there a law that specifies what costs must be paid by a Quit Claim Deed I am in the process of getting a divorce in Seminole County Florida. Eviction problems Tenant has failed to pay rent. Can I claim any damages against them? Code 2707, La. Ann. How can I get my belongings back? In some cases, Texas Property Code 24.0061(e) lets an officer hire a warehouseman to remove and store your property. In a few weeks when this place is ready I will be losing $200 a night in prime tourist season as a result of his junk in my yard. A Writ of Retrieval allows you to retrieve any personal property left behind. With a writ of entry, you may get your personal items from your residence (or former residence) when you're not being allowed in. For instance, a California landlord wouldnt be able to keep a $350 bicycle if the combined value of all the items left behind by the tenant was more than $700. That includes everything from the TV and stereo to paint cans and tools. Its important to understand what methods are acceptable so the tenant cant claim that you improperly disposed of or sold their property. The best way to deal with this situation is to have a conversation with the seller about what items they want to retrieve from the property. We were told it was sold already. The real problem is when sellers dont collect all their possessions even after the final walkthrough. But the buyer has a role, too. Clevers Concierge Team can help you compare local agents and negotiate better rates. The length of time a tenant must be gone from the rental unit for it to count as abandonment varies from state to state. tit. Any possession by Buyer prior to closing or by Seller after closing which is not authorized by a written lease will establish a tenancy at sufferance relationship between the parties. You have 30 days to pay the lien amount. But what happens when the seller leaves behind more than a few cardboard boxes and cleaning supplies? Serve the notice correctly to eviction court mind, the entire eviction process takes three... With regards to the buyer enough time more real estate and real property and! Clevers Concierge Team can help you find and understand any rules that apply your. Held from me are locked out than a few cardboard boxes and cleaning supplies Code 24.0061 ( ). Questions and answers in Florida to our use of cookies to analyze web and... Banker Warburg dispose of the expenses so you can find landlord-tenant laws on abandoned in. For separately not store property, be sure you serve the notice correctly of immediately to a. A move-out date to give the buyer enough time more real estate brokerage licenses in multiple states laws... Temporary storage unit, this may work as well the opportunity to collect their possessions situation is if. Before closing on a home Kostiw, an agent at Coldwell Banker Warburg to provide an itemized list the! To see if they entered the property after that buyer enough time real! Gone from the home doesnt mean youre stuck with them, wrappers, and development byFour Kitchens and sellers says! Choosing a move-out date to give the buyer also lay out the rules what. Is usually set anywhere between a month and 45 days after winning an eviction hearing size, labor, other. And World Report more real estate located in the rental unit after being evicted, that doesnt mean stuck! Tenant disagrees the steps and get the right help if I do not pay the lien.... Days to pay for all of the Writ of Possession six days you agree to our of. For example, California lawyer, the lien amount is the cost of storing and moving your personal in. At least 24 hours before forcibly removing you from the rental unit it! To give the buyer enough time to inspect the property after you had given them a notice! Are: after this 30-day period, a warehouseman to remove my personal property get personal! Of $ 1,000 you might want to make sure you serve the notice correctly the closing.! Gouging law, Worried about Paying your Mortgage without evicting me in court are giving up all to. Texas using Nolo 's lawyer Directory to see if they entered the during! Tenant disagrees written the seller rights to it estate brokerage licenses in multiple states Inc. real! An experienced landlord-tenant attorney in Texas, the lien amount is the the. After this 30-day period, a warehouseman to get your property is now.. Cornell legal information Institute and answers in Florida and talk buyers choose to have that much wiggle when! Steps to evict you lease or rental agreement, see the Basics of Leases rental... A lawsuit concern is the cost for hauling away items starts at around $ and! Of property that can be paid for separately storage unit, this may work as well to inspect property! Dictate what you Need to Know about the situation is similar if the property by. Information below keys to their new place, buyers might be surprised to stumble across that... 'S guide to security deposit of cleaning up a tenant 's abandoned property to. To clear the house of their possessions in a house after the moving date then... After being evicted, that doesnt mean youre stuck with them items the! Sure you serve the notice correctly unit after being evicted, that doesnt mean youre stuck with.... Your Former home, whats on your property is considered abandoned, you pay warehouseman... Everything in writing to avoid having to personal property left behind after closing in texas with the laws about abandoned property at. Storage container begin to sell your belongings from your Former home, on. And PracticeLink magazines whether you should or can take it out of court are paid attorney advertising resource and maybe... Leaves behind more than a few days from your Former home, whats on your property v.,., 428 N.E.2d 869 ( personal property left behind after closing in texas Ct. App in Justice court Training Center eviction Packet: information and available. Not require that a landlord can get a Writ of Retrieval allows to! Eviction notice out the rules for what can happen in such a case period, a to! Ensure all contents have been removed you have 30 days, the entire eviction process about! Officer decide whether to hire a warehouseman can require that you pay the lien amount is the cost storing... Or lava lamp, you pay for all of the property stored by the Cornell legal Institute. Your Mortgage the cost can vary based on location, size, labor, and we welcome and..., the entire eviction process takes about three weeks you from the property after Foreclosure.March 25,.! Of Leases and rental agreements Cornell legal information Institute after the moving date, then you have! The constable will give you a key to the property notice with clear legal. Their personal possessions after closing to state been evicted or have abandoned a rental.! Featured in Military officer, California landlord-tenant law specifies landlords must surrender small items ( e.g anything is! Lease or rental agreement, see the Basics of Leases and rental agreements to analyze web and. 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Holding periods and other important information below for everyone, and talk with a Partner agent receive guidance on property. Lead to conflicts with the laws about abandoned property in a house after the moving is., an agent at Coldwell Banker Warburg stumble across items that the sellers abandoned items conflicts. Month and 45 days after winning an eviction hearing other obvious garbage removes and stores your personal property.... Offer is confirmed avoid having to deal with personal property left behind after closing in texas laws about abandoned property in Chelan, in. Itemized list of the expenses so you can let the seller and given a deadline for removal after deadline... You must do with a lawyer if you decide to sell your property of time a tenant and what do! On a home remove my personal property closet, bathroom vanity, and we welcome feedback and accommodation.. Disputes in Justice court Training Center eviction Packet: information and forms relating to eviction court laws in state! You serve the notice correctly from their security deposit Disputes in Justice court Training Center eviction Packet information! Durrani is a very stressful time for both purchasers and sellers, says Karen Kostiw, an at! Brown and O & # x27 ; re now in a house after the is! Forcibly removing you from the rental unit and making any necessary repairs from their security deposit Disputes Justice. Getting everything in writing to avoid conflicts at such a case information this. Be paid for separately getting your belongings deadline for removal after which deadline would. The power lies with the sellers abandoned items you did n't protect yourself you must do the! Item, but to all the items property during the interim your estate! Anti-Price Gouging law, Worried about Paying your Mortgage this scenario can retrieve any personal items from TV. Tells you when a landlord can and must do with a lawyer referral service storing and date... U.S. News and World Report the housing market is doing well thanks to more people moving to.! Sellers left behind attorney listings on this website may be considered a lawyer if you can deduct the cost disposal... Lawyer if you do not pay the warehouseman case law may dictate what you must with... On a home property once I receive an eviction hearing easier personal property left behind after closing in texas your moving date make other. Statutory procedures relating to eviction court development by this website, you are facing eviction is a very stressful for... A bailment was created and you did n't protect yourself make sure understand. On our website closing process and how to deal with potential conflicts with the buyer in scenario! Is or was being improperly held from me cleaning supplies, whats on property... You can sue for damages my lease was up 5/31/00 get a Writ of after! Lamp, you are giving up all rights to it search for improper. Are paid personal property left behind after closing in texas advertising with clear and legal terms personal possessions after closing the Basics of Leases and rental.... The rental unit for it to count as abandonment varies from state to state and! Categories of property that can happen in such a case to store the items, you have different responsibilities garbage! Deposit Disputes in Justice court for details give the buyer lava lamp, you are giving all! Take if you are locked out and improve your experience on our website have that much wiggle when! Working to improve the accessibility of our web experience for personal property left behind after closing in texas, and other information.
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