Your lease agreement likely requires tenants to remove all of their personal property when they move out of your rental home. It’s also the law in states like Pennsylvania.
But, sometimes a sofa is left behind or boxes of paperwork. You might find dishes in the dishwasher or linens in a closet. What are you supposed to do with the belongings that tenants leave behind after moving out of your property?
The process for holding, returning, and potentially disposing of the personal property of a tenant depends on the state you live in and the circumstances under which the tenants moved. If they were evicted, you have a set of rules and a timeline that needs to be followed.
Here’s what you need to know when you’re left with personal property after a move-out.
Pennsylvania Rental Laws and Abandoned Property
According to PA Act 129, a landlord is required to provide the tenant with a 10-day written notice to retrieve their personal property. You can send this notice through the regular mail to the tenant’s new address. If you don’t have a forwarding address for the tenant, you can send it to their last known address, which is likely your vacated home.
Perhaps the tenant didn’t realize they left behind some personal property. In that case, they’re likely to get in touch with you and retrieve their belongings immediately. But, if you do not hear from the tenant within those 10 days of their intent to remove the personal property, you can dispose of it.
When your tenant receives your notice and lets you know that they intend to collect those belongings from you, you’re required to hold their property for 30 days. You can store the property somewhere close to the rental home. The law requires you to exercise “ordinary care” to keep the property safe.
If the tenant does not show up to retrieve that property within the 30 days, you can dispose of it.
Perhaps you sense an opportunity and decide to sell the tenant’s property after the requisite 30 days. You can only keep the earnings that cover any of the tenant’s outstanding obligations, including the storage costs if you’ve incurred any. There might also be a judgment against the tenant for money owed. You can keep the money you earn on the sale of the personal property to cover those debts, but anything extra needs to be given to the tenant.
When you don’t have a forwarding address for the tenant, you need to hold the proceeds from the sale of their property for an additional 30 days. Once that period comes and goes, you can keep all of the money from the sale of the property.
Delaware Rental Laws and Tenant Property
In Delaware, if a tenant leaves property behind, you’ll need to hold and store that property for seven days after a tenant moves out or is evicted. If you store the property, it will be at your tenant’s expense. But, when your tenant does not contact you to claim the property during those seven days, it’s considered abandoned property.
You can keep the personal property, donate it, or sell what has been abandoned. Landlords have no obligation to give any of the sale proceeds to a tenant.
How New Jersey Rental Laws Handle Tenant Property
In New Jersey, the law that dictates how tenant property is handled is the Abandoned Tenant Property Statute. Landlords must store property for 30 days after notice or 33 days after you have mailed the notice.
This is the requirement whether the tenant has been evicted or moved out after the lease ends. You don’t have to keep the property inside the rental home; you can store it at the tenant’s expense.
Once your tenant receives the notice, they need to notify you about whether they intend to remove the property.
How to Handle Trash in Rental Properties
Sometimes, it’s more than personal property you’re dealing with.
When the items that a tenant leaves behind are valuable, you need to follow the specific state laws on storage and timing. But, when the items left behind are not worth anything and could be considered trash, you are free to dispose of them.
For example, maybe you’ll find food in the refrigerator after a tenant moves out.
You can throw out that food. It’s perishable and impossible to hold for the tenants, even if they intend to come back for their belongings. No one expects you to hold a head of lettuce for 30 days. Non-perishable items that may be left behind in a cupboard or a pantry like unopened boxes of pasta or unopened bottles of ketchup could reasonably be stored with the tenant’s other belongings.
What about a tenant that leaves a pet behind?
This seems unlikely, and it is. But, things happen and you might go into a property and find a dog or cat. You should call animal control and allow them to remove the animal.
When you comply with the laws surrounding abandoned properties, eviction, and move-out procedures, you aren’t responsible for any lost or damaged possessions. Unless you were deliberately negligent or abusive with your tenant’s belongings, you’re more or less protected against lawsuits and complaints. Follow the necessary timeline and keep the property as safe as you can. It’s ultimately the tenant’s responsibility to claim what belongs to them.
Whether you’re dealing with property that’s left behind after an eviction or there are a few items that an otherwise good tenant simply forgot to move out, make sure you understand the legal process and the requirements in your state.
If this seems overwhelming or confusing to you, a local property management partner can help. Feel free to contact us at TCS Management for guidance and support.
TCS Management is a full service property management company headquartered in Philadelphia, Pennsylvania, also serving Harrisburg, PA, Cherry Hill, NJ, Wilmington, Delaware and the surrounding areas. We focus on single-family and multifamily residential property management of homes, condos, townhomes, and apartment buildings.
