What to Do with a Tenant’s Possessions After an Eviction

Evicting a tenant is a difficult experience and can occasionally leave a landlord with belongings they don’t want. The other most important responsibility is handling your evicted tenants’ belongings. 

If you are lost and looking for a way to handle a tenant’s discarded belongings, read on! In this article, we will share the steps a landlord must take when dealing with a tenant’s possessions after an eviction and offer practical tips to navigate this challenging process.

Reasons for Eviction

Understanding the reasons for the eviction is as important as understanding how to handle the tenant’s possessions afterward. The reason for evicting the tenant directly impacts how a landlord must handle their possessions post-eviction. 

Some common reasons for eviction include non-payment of rent, lease violation, or lease term expiration. While you want to avoid eviction since it leaves your property vacant, sometimes it is the best course of action. 

Understanding local laws is critical in order to appropriately handle a tenant’s possessions following an eviction. Not complying with local regulations can lead to legal complications and potential penalties. 

While general principles guide eviction processes, the specifics can vary widely from state to state. After an eviction, different jurisdictions have rules about what landlords can do with a tenant’s possessions. 

Opportunity for Tenant Retrieval 

When a tenant leaves possessions behind after an eviction, these items don’t automatically become the landlord’s property. Landlords must follow specific procedures to determine if the property is abandoned and give the tenant a fair chance to retrieve their belongings.

According to Colorado law, landlords are better protected from the law if they wait 30 days before considering the items abandoned. Moreover, if there is any reason to think the tenant has not abandoned the property, you must continue to store the property.

This can be frustrating when trying to advertise your property or perform renovations, but it is better to be on the safe side of the law. 

Once the 30-day grace period has elapsed and the property is considered abandoned, the landlord must provide the owner with at least 15 days’ written notice before selling, giving away, or disposing of the belongings. This notice period allows the tenant time to claim their property.

If you opt to store the belongings, you must keep them in a safe place. While you are not responsible for damages to the items due to circumstances beyond your control, you may be held liable if you handle the item negligently or damage them intentionally.

Sorting the Items 

Before you initiate the storage or disposal of abandoned property, you must organize and separate the items. Begin by disposing of any obvious garbage, such as empty food packaging or broken furniture, and record any costs associated with this process. This is different from an end of tenancy cleaning.

Refrain from opening any sealed or locked items and ensure to create a comprehensive list of all items being stored. 

Photographic evidence of each item as well as photos of how the rental was left after the eviction can be beneficial for your records.

Safekeeping Belongings

Upon completing an inventory of the items, your next obligation is to safely and securely store them. You can store the items within the rental property or relocate them to a different storage space. 

While many landlords prefer to secure an external storage unit to facilitate the property’s preparation for future tenants, be aware that local laws may require the items to remain within the property for a certain duration before moving them.

Communicate with the Tenant

It’s crucial to send a formal notice to the evicted tenant, informing them of any valuable items they left behind. This correspondence can also outline any storage costs you’ve incurred, which they are liable to reimburse. Include the following details in your notice:

• An itemized list of abandoned belongings
• The location where the tenant can recover their items
• The timeframe within which the tenant must reclaim the property
• A disclosure regarding reasonable storage charges

The tenant typically has 15 days to reclaim their belongings. During this period, you can charge the tenant for storage expenses and deny access to their possessions until these costs are settled.

Unclaimed Property

If the tenant fails to retrieve their possessions, you can sell or dispose of them. Certain belongings, such as vehicles, require special attention. Always verify and adhere to your local jurisdiction’s laws regarding abandoned property.

Keep Track of Costs

At this stage, it’s essential to account for any property damage and expenses incurred from the storage and disposal of the abandoned property. 

Funds generated from the sale of the tenant’s possessions or a local bond sale can be used to cover these costs.

Final Verdict

It is your responsibility to properly handle the tenant’s abandoned property. To protect yourself from potential legal action, document all items and expenses associated with the clearance process.

Additionally, it is vital to keep records of all items involved in the process to account for any damages or expenses incurred, and to protect yourself from potential legal action. By following due diligence and these steps for dealing with tenant possessions after an eviction, you can avoid any potential damages and financial losses.

If you need help with managing your rental property, contact Whole Property Management for a consultation. Our team can provide valuable advice on handling the clearance process and maintaining your property in an efficient manner.