Zillow Rental Manager
October 13, 2017
2 Minute Read
Regardless of how or why a tenant has moved out, you now have work to do to close out the unit and get it ready for the next tenant. There’s always some maintenance, repair and cleanup, but what do you do about items the tenant has left behind?
Trash is one thing. If it’s something like old pizza boxes, it’s fine to throw it away. Anything that’s clearly garbage can go.
But if the tenant has left belongings like a couch, microwave or lava lamp, you have different responsibilities. What they are, exactly, can vary from state to state, but here are some general guidelines to keep in mind when deciding what to do with those abandoned items.
There are two main concerns. The first is your liability if you throw items out, then the tenant comes back to claim them. The other concern is the cost of disposal, and whether you should or can take it out of the tenant’s security deposit.
In most states, your options depend on how the tenant left.
There are a couple of exceptions to these rules, regardless of what state you are in. For example, if a tenant installs something, like a bookcase or an elaborate fortress for their cat, it becomes part of the property and does not need to be returned. If they left their rusted early-70s Camaro on the lawn, treat it like any abandoned motor vehicle parked in front of your house and handle it through your local law enforcement. They will likely come to tow it away, and probably not a moment too soon.
Once you determine what to do and have disposed of the property, you can usually keep a portion of the security deposit to cover the expenses. Most states require you to provide an itemized list of the expenses so you can prove the costs if the tenant disagrees.
Familiarize yourself with the laws about abandoned property in your state, and talk with a lawyer if you have questions. Your local rental housing association is also a great resource for information about this and many other issues related to being a landlord.
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