There are many joys that come with being a landlord. Unfortunately, there are a number of downsides, as well. Every landlord hopes they’ll be able to get away with not ever having to deal with a problem tenant, but few are so lucky. Issues can range from noise violations to criminal activity, and you may have to deal with leaving notice (which we’ve discussed before) or even eviction. None of this is fun. Even after a unit’s been vacated, the ordeal may not be over. There may be damages or abandoned personal property.
It’d be easy enough if you could just get rid of anything former tenants left behind, but that’s not the way it works. Every state has its own laws and regulations for how you must deal with abandoned personal property, and you’ll want to make sure you toe the line carefully. If you don’t, you could end up with even bigger issues down the line. Before you even have to deal with this issue, it’s a good idea to do some research or consult with your legal counsel about what would be required of you if you’re ever stuck with abandoned property. That way, you’re prepared.
Once you’re familiar with the laws in your area, you can better deal with everything. It’s also important to note that the regulations can change depending on how or why the unit was vacated. If the tenant just up and left unexpectedly, you may have to operate under different rules than if they were evicted. It’s good to know the difference.
To start, a general rule of thumb is that it’s considered acceptable to get rid of any identifiable garbage. If the tenant left trash, food, empty receptacles, or similar junk that has no value, it can be discarded without consequence. When you start getting to items that are worth something, however, you must treat them differently.
It’s a good idea to invite in a third party to oversee your inventory and removal of any items as you clean out the unit. Take lots of pictures so there’s no room for argument about the condition something was in before you moved it. Make a list to ensure everything is accounted for, and move personal items to a secure storage facility. If there’s an abandoned vehicle on the premises, report it to the authorities.
These measures are all to keep you safe, legally speaking. Again, check your area’s policies as far as how long you’re required to hold personal property before it can be sold or discarded. The cost of removal and storage can be deducted from your tenant’s deposit – just be sure you make an itemized record of the charges for your and their reference. You may also be required to send notice to the tenant’s last known address informing them that unless they take action within a certain timeframe, you will be disposing of their property.
This is a general guide for dealing with abandoned personal property. If you have additional questions, contact us here at Tenant Screening Services or consult a legal professional.
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