When renters leave personal belongings behind, landlords may find themselves in a legal bind. Here’s how to deal with a tenant’s abandoned property.
What you will discover:
What happens when renters vacate and leave personal items behind?
When does property become abandoned?
How long does a landlord have to hold abandoned property before disposing of it?
Is it necessary for landlords to provide notice before removing personal goods left behind?
What can landlords do with vacant properties?
Personal possessions are often left behind when a renter moves out. A renter may be unable or reluctant to relocate their belongings, particularly after an eviction. As a landlord, you must prepare the apartment for the next renter. However, before you dispose of or keep the abandoned item, it is a good idea to get acquainted with the applicable legislation in your region.
Table of Contents
What happens when renters vacate and leave personal items behind?
One issue is whether or not the renter has truly moved out. Even though a tenant’s lease has ended, he or she may still be protected by housing regulations.
For example, if the tenant’s things are still there after the lease has ended, they may not have lawfully moved out. You may charge them rent or apply for eviction, but you can not take their possessions away. The same logic applies to an Eviction Notice. The tenant may still have legal possession of the rented unit until the sheriff executes the writ of possession or whatever the ultimate eviction stage is in your location.
The issue of whether the renter has abandoned legal ownership of the rental property is governed by local legislation. It might be determined by what they left behind, the worth of their property, the time of your last communication, and whether or not they returned the keys. You may make the process easier by creating a Move-Out Checklist. You can assess if property left behind by a renter has been abandoned after they have lawfully moved out.
When does property become abandoned?
If you do not have a formal handover, such as a last walkthrough, you may have to make a decision based on the items left behind. whether feasible, speak with the renter to check whether they have forgotten anything or intend to return. If this is not practicable, it may be enough to show that the property has been abandoned. A Pre-Rental Inspection Checklist may assist in determining if objects were left behind or were present at the time of move-in.
If a renter abruptly vacates, you should investigate if they stopped paying rent, turned off utilities, or took part of their things. Some jurisdictions assume that a rental unit and its contents are abandoned after a specific number of days. In Florida, if a renter is away for more than 15 days without prior notice, the property is considered abandoned. In Tennessee, a renter is considered abandoned after 30 days if they have paid their rent, and after 15 days if they have not. Lease agreements may sometimes include a timetable.
How long does a landlord have to hold abandoned property before disposing of it?
Most states allow for a week or two. With 90 days, Indiana has the longest. It might be determined by whether the lease expired or there was an eviction. In Georgia, for example, a landlord is not required to store a tenant’s belongings after a court-ordered eviction.
A landlord may usually charge reasonable costs for storing and transferring belongings from a rented apartment. To minimize property damage, it is best to utilize expert movers and a commercial storage container. Lease agreements may include provisions for abandoned property and associated costs.
Is it necessary for landlords to provide notice before removing personal goods left behind?
Before disposing of a tenant’s personal property, landlords may issue a Notice of Abandoned Personal Property. If you call the renter right away, they may have the stuff removed or instruct you to dispose of it. If the latter is the case, it is prudent to seek written confirmation. It is a good practice to notify the renter of any possible expenses when transferring belongings into storage.
When a state compels a landlord to store the property of a tenant, the landlord must tell the tenant before the clock begins to run. If you want to use the security deposit to cover storage or disposal fees, you may need to satisfy a state deadline for filing a claim against it.
What can landlords do with vacant properties?
If a renter abandons property, it is a good idea to keep it for the time period needed by local legislation. Depending on the state, you may retain, give away, or sell abandoned property. In certain areas, the abandoned property must be auctioned off to pay the expenses of storing, relocating, and auctioning the property. Any unclaimed cash must be returned to the renter or handed over to the state.
Alternative agreements with renters may also be made by landlords. For example, if a landlord is aware that a renter is having difficulty transferring belongings, you may provide storage space for a cost. Similarly, if a landlord has been legally obligated to store a tenant’s abandoned goods and the tenant requests extra time to reclaim their items, the landlord might negotiate a price to extend the storage duration. If you do this, you need sign a separate Storage Space Lease Agreement.
