Whenever tenants move out, the most logical thing to think about is that they’ll vacate the premises with all of their belongings. But sometimes, tenants leave some things behind for several reasons: From simple forgetfulness due to the stress of moving, to the hope that the landlord will dispose of them. As a landlord, you can’t throw away the items left behind immediately, but you’re not obligated to keep them forever. In this guide, we’ll guide you through the step-by-step of what to do when tenants have left stuff behind.
Alberta Landlord’s Step-by-Step Guide to Handling Tenant Belongings Left Behind
1 – Document the Belongings and How You Handle Them
Take photos and videos of the abandoned items, assess their condition and make an inventory listing the items. Also, keep track of what you’re doing to handle them, such as moving and storage costs, because you can charge your former tenants for those expenses.
2 – When Can You Throw the Stuff Away?
Alberta’s Residential Tenancies Act (RTA) establishes that if the items’ value is less than $2000, you can dispose of them as you see fit if you can’t contact the tenants, or they don’t retrieve their things within the deadline you set. This also applies to perishable or unsanitary goods, and items you consider the cost of removing, storing and selling them would exceed the profit of their sale. For items valued above $2000, you must store them for 30 days, and you’re also entitled to retain the goods until the tenant pays for the moving and storage costs you’ve incurred.
3 – Contact the Tenant
Contacting your former tenant to ask them to come back to the property and take the stuff they left behind is the most crucial step, because most of the time it’ll do the trick. However, you have to contact them as soon as possible: The more time it passes, the higher the chance of the tenant never coming back.
4 – Dispose of the Abandoned Items Properly
If you have the items for more than 30 days and the tenant doesn’t reclaim their possessions, you can dispose of them following the RTA guidelines:
- Selling the Goods by Public Auction: In case of items that are not bid on, you can dispose of them.
- Selling the Goods by Private Sale: If you want to sell privately, you need to request the Residential Tenancy Dispute Resolution Service (RTDRS) approval.
If you handle the items accordingly and the legislation considers them as abandoned, landlords are not liable for any of the goods sold or disposed of, just as the new owners of those items, whether they acquired them via private auction, private sale or disposal.
Final Thoughts
We understand how frustrating it can be to deal with tenants leaving stuff behind, but handling the situation correctly protects both your property and your rights as a landlord. By acting professionally and following the guidelines, you can clear out your property’s space to receive its next tenant without creating legal or financial headaches, and keeping your reputation intact.
But, if the possibility of having to deal with abandoned belongings at some point in your landlord career makes you dread that moment, hiring a property manager is an excellent investment. Property managers take care of your property from start to finish, and have the know-how to deal with left-behind stuff and other irksome situations that are part of being a landlord. If your rental property is located in the Calgary area, get in touch with us.
