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Abandoned Personal Property of a Tenant

By
Real Estate Agent with Keller Williams Realty Beverly Hills

If a tenant vacates a rental unit, and leaves personal property behind, what is a landlord to do?

Each jurisdiction has it's own laws regarding abandoned personal property.  Generally, a landlord must try to contact a former tenant at every known address the tenant has provided including a work address, nearest relative, etc.

Often the law will require a landlord to post a notice of abandonment on the door of the rental unit.  If the tenant does not contact the landlord within a specified amount of time, the landlord can then enter the premises and clear the contents.  The personal property would then be stored, and the unit can then be turned over for future rental.  If the personal belongings go unclaimed for a certain amount of time, the landlord would then have the right to sell the personal property and use the earnings for such costs as removal and storage.

It's important to inventory and take pictures of all personal property before removing it to a storage space.  Remember, one persons junk is another persons treasure and you wouldn't want to run the risk of being accused of mishandling someones belongings should they come to claim them.

Comments(4)

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Bob & Carolin Benjamin
Benjamin Realty LLC - Gold Canyon, AZ
East Phoenix Arizona Homes

This can get dicy -- and I think it might vary state to state as to what can be done.

May 04, 2009 06:50 PM
Rochelle Edwards
S. Todd Real Estate Ltd., Brokerage - Burlington, ON
Genuine Experience, Genuine Advice

Very well said. Everyone should be advised to get counsel when in this situation. There are many different rules for different areas and no one wants a lawsuit over something like this.

May 04, 2009 07:02 PM
Fernando Herboso - Associate Broker MD, & VA
Maxus Realty Group of Samson Properties - Clarksburg, MD
301-246-0001 Serving Maryland, DC and Northern VA

Always check your State laws. . this is an area where a lawsuit could ruin your day.

May 04, 2009 10:19 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

State laws are important here of course...if the tenants left without taking everything...too bad soo sad...in the olden days when we were landlords...we had a former tenant break in to the unit they used to live in to retrieve their property...grrrr....by law it was abandoned...breaking and entering..not a good thing...but we found it, neither is being a landlord !

May 04, 2009 10:52 PM