What to Do About Property Your Tenants Leave Behind

What to Do About Property Your Tenants Leave Behind

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.

  • If the tenant moved out at the end of the lease or after giving adequate notice, most states allow you to dispose of abandoned property after the move-out date, often after holding on to it for a short period of time.
  • The situation is similar if the tenant left after you had given them a termination notice with clear and legal terms.
  • If the tenant was physically evicted, how they and their property are handled is usually a well-documented process that involves law enforcement. Before starting the process, be sure you understand all the steps and get the right help.
  • If a tenant abandoned the property altogether, with no notice, check the laws in your jurisdiction. Some states require you to treat this property differently than property abandoned when a tenant left under clearer circumstances. For example, in some cases you cannot confiscate the property to get them to pay unpaid rent.

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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