What do you do when a tenant moves out of your rental and leaves their belongings behind? If you’re in that scenario, or contemplating a hypothetical situation, know that you’re not just dealing with an inconvenience; it’s a legal issue too. In other words, managing it in the wrong way can lead to fines, lawsuits, or claims for unlawful disposal. Continue reading this article as we teach you the legal steps for handling abandoned tenant property.
Abandonment is legally defined as a combination of non-payment and absence from a property for an extended period. Thus, when a tenant abandons the property, it creates a complex legal situation for the landlord, because even after a move-out, the law often assumes the tenant retains ownership unless specific conditions are met.
Those conditions often include extended absence without communication, removal of essential living items, and failure to comply with a written notice to claim the leftover belongings. After these criteria are satisfied, the property is legally qualified as abandoned. Until then, landlords are required to treat the items as the tenant’s property and follow the proper legal process before removal, storage, sale, or disposal.
One of the clearest signs of abandonment is when a tenant moves out with only their essentials and completely stops communicating with you. If it’s prolonged, this behavior can indicate they have no plans of coming back. On the other side, it’s common for tenants to notify their landlord when they plan to leave and be aware for an extended period, either to travel for work, holiday, or some even to be hospitalized. However, that doesn’t mean you can automatically assume they moved out forever just because they forgot to send an email about their cruise. If you’re worried about the safety of your apartment while they’re away, Bay Property Management Group Austin Texas can help coordinate emergency lock changes and security checks to prevent vandalism.
Look for signs of permanent departure when you inspect the apartment. When tenants abandon the property, they often take most of their belongings, including personal items and furniture. Thus, what’s left behind is what they’d consider junk and couldn’t be bothered to remove. In some instances, they may also disconnect the utilities to save costs. In comparison, when a tenant is away temporarily, the unit is still set up for living. That means their furniture is still intact, and their clothing and daily-use items are still present. You may even find items still in the fridge ready to be part of their next meal.
The biggest gripe landlords often have with abandonment is that tenants almost always stop paying rent. Interruption in your cash flow, without the ease of cleaning up the apartment and renting it out to someone else, because their items are still there. If they’re still paying rent, many jurisdictions require you to treat it as a temporary absence. In other words, as long as the checks are clearing, the tenant technically has the right to leave their belongings in the unit for extended periods.
Before moving a single box, it’s essential to create a record of the unit’s condition and belongings. After all, the last thing you want is a tenant claiming you stole a diamond necklace that was never there. As a result, experts typically recommend a video walkthrough or taking multiple photographs as evidence. It would also be wise to create a written catalog of everything in the apartment, including the condition of the furniture. Writing down any scratches or damage pre-dating your entry to the apartment. Remember that you’re legally allowed to dispose of trash such as rotting food or hazardous material. If you’re unsure whether an item has monetary or sentimental value, it’s best to keep it.
Next, send a proper notice to your tenant and other interested parties, such as co-signers, informing them of the property’s current state. The notice usually states that items were left behind and where they are stored. See why having a systematic list of items is important? Your notice should also include instructions on how the tenant can reclaim them, and their deadline to act. Be sure to check with your state’s policy before acting. In most states, it’s 10 to 30 days.
After the notice period expires, you may be allowed to dispose of, donate, or sell the property, depending on its value and local rules. For instance, some jurisdictions require public sale and allow landlords to apply proceeds to unpaid rent or storage costs. The latter applies because many states allow you to charge a reasonable storage cost before releasing the items. Low-value or perishable items may have different rules, so always follow statutory procedures before taking action.
Handling abandoned tenant property can be a tricky situation, which is why it’s important to understand the difference between abandonment and a temporary absence. If a tenant has informed you of their prolonged absence and continues to pay rent, they’re most likely only staying away for a while. When a tenant abandons a unit, they typically stop paying rent, leave a few belongings behind, and essentially ghost you.
If you suspect abandonment, the law requires you to still protect the tenant’s property, and that starts with documenting what they left behind in your unit. After that, send them a proper written notice detailing the items and how they can reclaim them. If the time elapses, you may sell or dispose of the items in accordance with the law without legal risk.
