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Dealing with abandoned property after tenants leave

On Behalf of | Jan 30, 2025 | Real Estate Law

Landlords may regain possession of a residential rental unit in one of three scenarios. Sometimes, the lease ends, and the tenant chooses to move elsewhere. Other times, tenants may effectively abandon the property without advising the landlord. Landlords can also regain control over a rental unit after legally evicting a tent.

In any of those circumstances, the tenant could theoretically leave behind a substantial amount of personal property in the now-vacant rental unit. How can landlords handle that abandoned property without putting themselves at legal risk?

Landlords need to store the property

Generally speaking, landlords regaining possession of a residential rental unit may have to collect and store any furniture, cookware, clothing, electronics and other personal property that belong to the tenant. Typically, this process involves carefully documenting the extent of the personal property by taking photos, recording video or creating a written list.

The landlord generally needs to arrange for the storage of that property for at least 30 days. They should attempt to contact the former tenant and advise them in writing of the abandoned property. The landlord can charge a reasonable fee for the storage of that property.

If the tenant does not respond, pay the necessary costs and collect their property, the landlord can then dispose of it as they see fit. They can throw it away, donate it to a local charity or even sell it to recoup some of the rent the tenant didn’t pay.

Understanding the requirements imposed on a landlord when tenants leave personal property behind can help them avoid mistakes that could cost them money later. The proper storage of abandoned property is important information when it comes to a landlord’s legal and financial protection.

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