The departure of the tenants is not always easy to manage. Even if, generally, the tenants take all their personal effects with them, it sometimes happens that the tenant leaves certain belongings in the dwelling. As an informed landlord, it is necessary to be very careful when dealing with these situations in order to avoid falling into a trap by throwing everything away.
Firstly, before dealing with the belongings left on the premises, it is necessary to determine if the tenant has actually left the dwelling. To this end, you need to use common sense since each situation is different. Thus, the tenant must not have left enough belongings behind which would allow him to live in the dwelling. For example, some items like a bed, a couch, his/her linen, household electric appliances, pots and pans, bathroom articles, all of these are signs which will dictate whether you can take possession of the dwelling. Still, these are only examples since in another way, if only a stove is left behind in the dwelling, you will be able to consider that the tenant has left. Legal advisers prove to be an important resource at this time.
If there are too many belongings, close the door, take the appropriate proceedings at Rental Board and use a bailiff to take possession of the dwelling.
In cases where you decide to take possession of the dwelling, you must firstly go there with a witness or a bailiff, who will draw up a detailed list of the belongings present in the dwelling, and also take photographs of the belongings in the dwelling to show their condition on that date. At this time, by law, you become guardian of the belongings and by this fact, you have certain legal obligations: To keep them 90 days and to store them so that they are not damaged.
In order to be relieved from this obligation, you must find your tenant at his new address, generally by using the services of a detective. This information will enable you to notify him and require him to recover his belongings within 90 days otherwise you will throw them away. Ensure that you have the proof of reception of this letter.
You can store the goods elsewhere than in the dwelling in order to re-let it. Be sure to put them in a place where they will not be damaged. Keep in mind that even if the goods do not seem to have any value for you, they can for the tenant.
Once the delay expires, you can give the goods to a charitable organization, throw them out, or even sell them if they have any value.
For perishable goods as well as garbage, you can throw them out after having taken photographs of them.
If you proceed differently by throwing the goods away without any other formality, the tenant could sue you for damage for the loss of the goods. He could also claim a higher amount than the value of what was really present in the dwelling.
In all the possible scenarios, the most difficult will be to determine if you can take possession of the dwelling or not. A lawyer will be able to guide you in your decision.
In case of doubt, do not take chances, go through the Rental Board.
Firstly, before dealing with the belongings left on the premises, it is necessary to determine if the tenant has actually left the dwelling. To this end, you need to use common sense since each situation is different. Thus, the tenant must not have left enough belongings behind which would allow him to live in the dwelling. For example, some items like a bed, a couch, his/her linen, household electric appliances, pots and pans, bathroom articles, all of these are signs which will dictate whether you can take possession of the dwelling. Still, these are only examples since in another way, if only a stove is left behind in the dwelling, you will be able to consider that the tenant has left. Legal advisers prove to be an important resource at this time.
If there are too many belongings, close the door, take the appropriate proceedings at Rental Board and use a bailiff to take possession of the dwelling.
In cases where you decide to take possession of the dwelling, you must firstly go there with a witness or a bailiff, who will draw up a detailed list of the belongings present in the dwelling, and also take photographs of the belongings in the dwelling to show their condition on that date. At this time, by law, you become guardian of the belongings and by this fact, you have certain legal obligations: To keep them 90 days and to store them so that they are not damaged.
In order to be relieved from this obligation, you must find your tenant at his new address, generally by using the services of a detective. This information will enable you to notify him and require him to recover his belongings within 90 days otherwise you will throw them away. Ensure that you have the proof of reception of this letter.
You can store the goods elsewhere than in the dwelling in order to re-let it. Be sure to put them in a place where they will not be damaged. Keep in mind that even if the goods do not seem to have any value for you, they can for the tenant.
Once the delay expires, you can give the goods to a charitable organization, throw them out, or even sell them if they have any value.
For perishable goods as well as garbage, you can throw them out after having taken photographs of them.
If you proceed differently by throwing the goods away without any other formality, the tenant could sue you for damage for the loss of the goods. He could also claim a higher amount than the value of what was really present in the dwelling.
In all the possible scenarios, the most difficult will be to determine if you can take possession of the dwelling or not. A lawyer will be able to guide you in your decision.
In case of doubt, do not take chances, go through the Rental Board.