When a tenant moves out, preparing for the next renter takes extra effort. Repairs, maintenance, and cleaning are all part of a landlord’s turnover routine. But the situation becomes more complicated when the previous tenant leaves belongings behind. Should you return the abandoned property? Can you throw it out or keep it? Read on for some guidelines on how to handle this tricky situation.
Know Your State and Local Laws
Every state handles tenant property differently, so consult your local laws (and an attorney, if needed) to stay compliant. State laws may specify how long to hold tenant property and what kind of notice you must give. Laws should also outline whether you can subtract disposal costs from the security deposit and if you can sell or keep abandoned items.
What Does (or Should) the Lease Say?
If your rental agreement specifies how you’ll handle abandoned belongings, abide by those terms. Consider how your agreement could prevent future uncertainty about abandoned property when drafting a lease. Such a provision should instruct renters to remove all their property when moving out. It should also cover trash disposal fees, immovable fixtures, and the potential for temporary storage beyond the lease term.
Evaluate What’s Left Behind
If everything left behind is trash, a landlord can throw it away. But if furniture or belongings of any value are involved, create a written and photographic inventory of the property. Many states require you to notify the former tenant of what was left behind and approximate its worth. You should also designate where you will store it, a deadline for retrieving the property, and what will happen after that deadline.
How Did the Tenant Leave?
Typically, a tenant moves out at the end of a lease term or after a notice of termination. In these cases, most states allow the landlord to dispose of any property left behind, usually after a specified timeframe beyond the move-out date. However, when a renter abandons a rental property, some states allow tenants continued ownership of their deserted belongings. If a landlord must physically remove a renter from the property, he must follow a precise eviction process. Local laws will specify when courts and law enforcement must get involved and how to handle the tenant’s property.
Be Aware of Exceptions
There are a few important exceptions to the above guidelines:
When a tenant installs a bookshelf, light fixture, or similar item, most state laws consider it part of the rental property. However, if the tenant installed the fixture without the landlord’s consent, some states allow the landlord to deduct the removal cost from the security deposit.
If a tenant leaves his car behind, treat it as abandoned and allow local law enforcement to remove it.
Property left behind by tenants can pose unique challenges for landlords. However, knowing local laws, thinking ahead, and being consistent will keep you compliant and your tenants’ property safe.
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