How to Handle Left Behind Belongings After a Tenant Moves Out

A Landlord’s Guide to Handling Abandoned Tenant Property

When a tenant moves out and leaves their stuff behind, it’s tempting to throw it away, sell it, or donate it to a local thrift shop to get it out of your way. However, in most states, landlords have a legal obligation to hold onto a former tenant’s property for a certain number of days before the property is considered abandoned. Not following the rules can make you liable for missing or damaged items. 

In this article, we’ll discuss the steps landlords should take when dealing with tenants who leave stuff behind.

Confirm Abandonment First

Before hauling left behind items to the curb or even stashing something in a storage unit, contact your tenant to find out if they’ve intentionally abandoned their property. If you don’t get confirmation first, they might accuse you of an unlawful eviction or improperly disposing of their belongings. You need documentation just in case the situation is brought to court.

First, call the tenant and ask them if they’re coming back to pick up their belongings. If they tell you they have no intention of collecting their things, follow your state and local laws regarding abandoned tenant property. If they say they’re coming back within a reasonable period of time, allow them the opportunity to collect their belongings. If that time span falls outside the limit of your legal obligations, let them know that if they don’t get their stuff, everything will be disposed of the following day.

If your tenant doesn’t answer the phone or won’t give you a straight answer, review the lease if there’s a clause that defines abandonment, like the number of days absent with unpaid rent, and follow your lease terms to the letter. In any case, it’s wise to draft a legally compliant notice with a detailed description of the items left behind and send it via certified mail to their last known address and post the notice on the door.

Create Documentation

Document unpaid rent and/or utility disconnection. If the tenant stopped paying rent and the utilities are disconnected, those are strong signals that the tenant isn’t coming back. Keep copies of these records because courts will use them to evaluate the situation if you end up getting sued.

Most importantly, take photos, document what was left behind on video, and create an inventory of everything that was left behind. The video will provide context regarding the surrounding empty space so your tenant can’t claim they left behind an expensive item that you just chose not to photograph. Send the photos to your tenant. Usually, seeing sentimental items will get them to return.

Dealing with abandoned property can be exhausting, but it’s not the only challenge that comes with managing tenants. If you’ve grown tired of being a landlord, it’s time to consider hiring a property manager. A property manager will do everything on your behalf. For instance, many Texas investors skip daily landlord duties by partnering with Houston property management company Green Residential. When you work with a professional, they’ll take over all your landlord duties, including handling abandoned property.

Understand Your Legal Obligations to Hold a Tenant’s Belongings

Once you’ve formed a reasonable conclusion that the tenant has abandoned their property, you need to follow the law and your lease to hold the items for the proper time. This time frame can be anywhere from two weeks to 90 days, depending on the state and value of the property. In some states – like Texas – you need to give the tenant a 60-day written notice to claim their items after an eviction. However, Texas law doesn’t say anything about voluntary move-outs. In that case, you’ll need to refer to your lease and consult an attorney.

If you’re required to hold the property, you’ll need to show reasonable care to avoid claims of negligence by protecting them from theft, weather damage, and loss. This can include keeping the items in the empty unit or moving them into a locked storage shed. In most states the law allows you to immediately dispose of items like perishable food, biohazards, and plants. If a tenant left their pets behind you can take them to a shelter.

Treat Abandoned Property Like it’s Part of Doing Business

Abandoned property is a hassle to deal with, and that’s why you need to treat abandoned property as a standard operational issue. If the law requires you to hold someone’s belongings for two weeks and they don’t contact you or show up during that time period, handle it swiftly. Once you’ve complied with storage and notice requirements, you’ve done everything you can to protect yourself and respect your tenant’s rights.