If a tenant abandons their rental unit in Manitoba, landlords must complete an “Inventory of Abandoned Property” form with the RTB. Valuables must generally be stored safely for 60 days, while worthless items or garbage may be disposed of with RTB authorization.
Walking into a rental unit to find that your tenant has vanished without a trace is a frustrating scenario. 🚪 Sometimes they leave behind an empty apartment, but often, landlords in Manitoba are left dealing with furniture, electronics, or mountains of garbage. When a tenant abandons the rental unit and their belongings, you cannot simply throw everything into a dumpster and rent the space to someone else.
The Residential Tenancies Branch (RTB) has strict guidelines regarding abandoned property to protect both the landlord’s right to reclaim their space and the tenant’s right to their personal belongings. Whether your property is in Thompson, Portage la Prairie, or Winnipeg, mishandling abandoned goods can result in you having to pay the former tenant compensation. This guide outlines the legal steps you must take to clear out an abandoned unit safely.
Step-by-Step Process for Handling Abandoned Property
Before taking any permanent action, you must be absolutely certain the tenant has abandoned the property, rather than just being away on an extended vacation or hospital stay. 🔍 Once abandonment is confirmed, documenting everything is your best defence against future claims.
Step 1: Confirming the Abandonment
You must have reasonable grounds to believe the unit is abandoned. Indicators include rent being significantly overdue, neighbours reporting that moving trucks were seen, keys left on the kitchen counter, or disconnected utilities. If you are unsure, you can issue a 24-hour notice to enter for an inspection to assess the situation inside.
Step 2: Photographing and Inventorying the Items
Once inside, do not start throwing things away. 📸 Take clear, date-stamped photographs of every room and every item left behind. You must separate obvious garbage (rotting food, soiled mattresses) from items of potential value (televisions, clean furniture, important personal documents like birth certificates or tax records).
Step 3: Filing the RTB Inventory Form
You must fill out an official RTB form called the “Inventory of Abandoned Property” and submit it to the Branch. Along with the form, provide your photos. If the items are clearly garbage or the cost of moving and storing them exceeds their actual value, you can request immediate permission from an RTB officer to dispose of them.
Step 4: Storing and Disposing of Goods
If the RTB determines the items have value, Manitoba law requires you to safely store them for exactly 60 days. 📦 You can store them in the rental unit itself or move them to a secure storage facility. If the tenant does not claim the items within 60 days, the RTB will authorize you to sell the items (usually at a public auction) or dispose of them. Any money made from the sale goes to the RTB, not directly into your pocket, although you can apply to have your storage costs reimbursed from those funds.
How Much Does it Cost in Manitoba?
Dealing with an abandoned unit can be an unexpected financial drain on a property owner. While the government processes themselves are mostly free, the logistics of storing and moving items are where costs arise.
- RTB Filing Fees: Submitting an Inventory of Abandoned Property is generally free of charge.
- Storage Unit Costs: Renting a commercial storage locker in cities like Winnipeg or Brandon can cost between $100 and $300 CAD per month.
- Disposal / Dump Fees: Hiring a junk removal service to clear worthless items can range from $200 to $600 CAD, depending on the volume of trash.
- Cost Recovery: If you sell valuable abandoned items after the 60-day period with RTB permission, you can claim your out-of-pocket moving and storage costs against the sale proceeds.
| Type of Abandoned Item | Legal Requirement in Manitoba |
|---|---|
| Garbage / Worthless Items | Dispose of immediately (Requires RTB sign-off) |
| Valuable Furniture / Electronics | Store safely for 60 days |
| Important Documents / Photos | Must be sent to the RTB or safely stored |
How Long Does the Process Take?
The timeline heavily depends on the value of the items left behind. 📅 If the unit is filled strictly with trash, you can usually get RTB authorization to dump it within a few business days. However, if there are valuables, you are legally locked into a mandatory 60-day storage period. Once the 60 days expire, selling the items at auction or organizing disposal may take an additional 1 to 3 weeks.
Frequently Asked Questions (FAQ)
Can I keep the abandoned TV for myself?
No. Landlords are not allowed to simply absorb a tenant’s belongings for personal use. If the 60-day period expires, the items must be sold transparently or disposed of according to RTB directions. Keeping items can lead to legal liability.
What if the tenant demands their stuff back on day 30?
If the tenant returns within the 60-day storage period, you must return their belongings. However, you are legally permitted to demand they pay you back for any moving and storage costs you incurred before releasing the items.
Can I claim the tenant’s security deposit for cleaning costs?
Yes. If the tenant abandons the unit and leaves a massive mess or owes unpaid rent, you can file a claim with the RTB to keep their security deposit to cover your cleaning, disposal, and repair expenses.
Do I need a lawyer to deal with abandoned property?
Generally, you do not need a law firm for standard abandoned property issues, as the RTB process is designed for landlords to navigate alone. However, if the tenant left behind highly valuable assets (like a vehicle or business equipment), consulting a lawyer is recommended.
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