What do you do with evicted tenants' belongings?

1 Check the lease agreement

The first thing you should do is check the lease agreement that you signed with the tenant. This document may contain clauses that specify how you will handle abandoned property, such as whether you can dispose of it, sell it, or store it. You should also check the state and local laws that apply to your area, as they may override or supplement the lease terms. For example, some states require you to give the tenant a written notice and a chance to reclaim their belongings within a certain period, while others allow you to dispose of them immediately.

2 Inventory and document the belongings

The next step is to inventory and document the belongings that the tenant left behind. You should do this as soon as possible after the eviction, preferably with a witness or a video camera. You should make a detailed list of the items, their condition, and their estimated value. You should also take photos or videos of the belongings and the state of the property. This will help you avoid any disputes or claims from the tenant or their relatives later on. You should also keep any receipts or invoices for any costs you incur while handling the belongings, such as cleaning, moving, or storing fees.

3 Store or dispose of the belongings

Depending on the lease agreement and the state and local laws, you may have to store or dispose of the belongings in a certain way. If you have to store them, you should do so in a safe and secure place, such as a storage unit or a locked room. You should also keep track of the storage fees and the duration of the storage period. If you have to dispose of them, you should do so in a lawful and respectful manner, such as donating them to a charity, selling them at an auction, or throwing them away. You should also keep records of how you disposed of them and how much money you made or spent.

4 Notify the tenant and claim your lien

If you are required to notify the tenant about their belongings, you should do so in writing and by certified mail. Your notice should include the date and reason of the eviction, the location and description of the belongings, the amount of money owed for rent, damages, and storage fees, the deadline for reclaiming their belongings, and the consequences of failing to reclaim them. Additionally, provide your contact information and instructions for arranging a pickup. Furthermore, you should inform the tenant that you have a lien on their belongings, meaning that you have the right to keep or sell them to cover your losses. However, be aware that some states limit or prohibit landlords from claiming a lien on certain items such as clothing, personal documents, or medical equipment.

5 Follow through with your actions

The final step is to follow through with your actions according to the notice and the law. If the tenant does not reclaim their belongings by the deadline, you can proceed to sell or discard them as you see fit. However, if the tenant does reclaim their belongings, you should allow them to do so after they pay you what they owe you or reach an agreement with you. You should also give them a receipt for their payment and their belongings, and have them sign a release form that waives any further claims or rights to the property.

Dealing with evicted tenants' belongings can be a hassle, but it is also an important part of your property management duties. By following these steps, you can ensure that you handle the situation in a legal and ethical way, and protect yourself from any potential problems or liabilities.

6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?