Your tenant is gone, and you inspect the unit to find that some valuable personal items were left behind. Although the tenants in question lived in your unit, you do not immediately own abandoned personal property they’ve failed to take with them, so here’s how to handle this situation in a way that doesn’t expose you to liability.
Determine trash versus treasure
Generally speaking, garbage left behind by tenants like empty soda cans and food can be immediately disposed of. The personal property you have an obligation to handle properly includes items that have value, such as TV sets, wardrobes and pieces of furniture. Get rid of the garbage and keep the items that have value together and safe until you take the next step in the process.
Document the property
Take photos of the entire unit and all of the abandoned property before moving those items anywhere else. The idea is to get a snapshot of each item as you found it to show exactly what condition it was in. This way, if the tenant does come back to get the property later, he or she can’t claim that you damaged anything on purpose or accidentally while moving it.
Store the property in a safe and secure location
Naturally, you might need to move the property out of the unit right away so new tenants can move in or the unit can be prepared for viewing. Make a log of each item and carefully move all of them to a safe, dry and secure location, as outlined by Pine Tree Legal Assistance. If an item is damaged, you could be held responsible, so be careful when it comes to moving and storage.
Check local and state laws
Your state and local landlord-tenant laws actually set out what you have to do with a tenant’s abandoned personal property. While the rules and process vary by state, this usually involves sending the tenant a formal notice in writing that they must come and claim their property before you get rid of it. You have to give the tenant the specified number of days set out by those laws to get their property before you do anything with it, such as sell, donate or trash it.
Above all, make sure you follow all regulations to the letter when it comes to a tenant’s abandoned property. Careful documentation and diligence now can save you a lot of trouble later!
Related Articles:
The Law and the Landlord-Tenant Relationship
How to Deal With Problem Tenants
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