Abandonment of personal property

When the landlord discovers his tenant has run out in the middle of the night and left stuff behind, he just can’t throw everything out – he has to abide by very specific provisions set out in the legislation. For instance, the landlord may remove the personal property from the rental unit, and on removal must store the tenant's personal property in a safe place and manner for a period of not less than 60 days following the date of removal, keep a written inventory of the property, keep particulars of the disposition of the property for 2 years following the date of disposition, and advise a tenant or a tenant's representative who requests the information either that the property is stored or that it has been disposed of.

If the property has a total market value of less than $500, the cost of removing, storing and selling the property would be more than the proceeds of its sale, or the storage of the property would be unsanitary or unsafe the landlord may dispose of the property in a commercially reasonable manner.

If a tenant claims his or her personal property at any time before it is disposed of under the legislative provisions the landlord may, before returning the property, require the tenant to reimburse the landlord for his or her reasonable costs of removing and storing the property, and satisfy any amounts payable by the tenant to the landlord under the Residential Tenancy Act or a tenancy agreement.

If a tenant makes a claim for return of his property but does not pay the landlord the amount owed, the landlord may dispose of the property as provided for in the regulations.

Expert Advice - Abandoned Unit

Q: We currently have a tenant that was late paying his rent 2 months in a row. He has also broken his contract by allowing guests to live with him. We have also been told that our tenant may have left town and probably wont be paying next months rent at all. We have no way of getting hold of the tenant. How long do we have to store his belongings before we get rid of them?

A: Here is where things get a bit tricky: You can assume the tenant has abandoned the premises if the tenant hasn't 'ordinarily occupied' the rental unit for a period of one month and hasn't paid the rent, or he has substantially removed all his property and left you holding the bag, as it were. This all hinges on a reasonable expectation that the tenant isn't returning, which will be up to you to establish if ever challenged.

The landlord can remove the tenant's personal property but must comply with section 25 of the Regulations. The landlord has to store the property for 60 days and keep a written inventory of it, as well as and keep particulars for 2 years. The landlord is obliged to advise the tenant or his representative about the storage or disposition and can only dispose of the tenant's property if the landlord reasonably believes (and likely will be called on to establish) that the property has a total market value of less than $500, is unsanitary or unsafe, and/or the costs of storage and selling the property would be more than the proceeds.

My experience with landlords taking over the tenants' possessions is that the tenants frequently come back and claim against the landlord; they argue the value of their property is substantial where the landlord claims it is garbage. There is a duty on the landlord to establish the condition of the property and show that he has complied fully with the regulations. Oftentimes the landlord winds up having to pay and he's not very happy about it.

MORE ADVICE on Abandoned Unit ->

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