FACTS ABOUT

Tenants' Abandoned Property

Tenants must take their belongings with them when they move out of a rental unit, unless they make special storage arrangements with the landlord.  Unfortunately, tenants sometimes leave things behind and landlords must decide what to do with them.

To protect themselves, landlords must follow the requirements in the Residential Tenancies Act to dispose of abandoned property. 

If a landlord decides the items left behind have monetary value, they must complete a form called Inventory of Tenant’s Abandoned Property and send it to the Branch and the tenant.  The Branch provides the form.  The landlord must store the items for 60 days.  After that time, the Branch will authorize the landlord to sell the items, usually by public auction.  If the tenant owes the landlord money under a Branch Order, the landlord can put the sale proceeds towards that Order.  If the landlord does not have an Order or the tenant does not owe the landlord any money, the landlord must send the sale proceeds to the Branch.  The Branch holds the money for the tenant for two years.  After two years, the money is transferred to a fund the Branch uses to provide education material for landlords and tenants.

A landlord may decide that the items have limited monetary value.  This means that if the items were sold, the sale proceeds would not cover the costs of moving, storing and selling them.  In this case, the landlord must make a reasonable effort to contact the tenant about picking up their property.  The landlord must also list the items on the form mentioned above.  Once the landlord completes the form, they send it to the Branch.  The landlord must also send a copy to the tenant at the last known address (this may be the address of the rental unit).  Once the landlord has done this, they can give the items to a charitable organization or dispose of them at an appropriate disposal facility. 

If a landlord believes the items have no monetary value, or are unsanitary or unsafe to store, the landlord may dispose of them, without authorization from the Branch, with one exception.  If a tenant leaves personal papers or photographs, the landlord must hold them for 60 days before disposing of them.  The landlord must also complete the inventory form and send it to the Branch and the tenant.

For more information

This fact sheet is only a brief explanation.  For more information contact:

The Residential Tenancies Branch