In New Brunswick, landlords cannot legally throw away or sell a tenant’s abandoned belongings right away. You must apply to the Residential Tenancies Tribunal (RTT) to take possession of the unit, and you may be ordered to store the goods safely for up to 30 days before disposing of them.
Dealing with a tenant who suddenly skips town is one of the most frustrating experiences for a property owner. Whether you are managing an apartment complex in Moncton or a detached home in Miramichi, arriving to find the tenant gone but their furniture, clothes, and trash left behind creates a massive headache. Your first instinct might be to rent a dumpster and clear the space immediately.
However, acting hastily can put you in serious legal jeopardy. ⚠️ Under the New Brunswick Residential Tenancies Act, tenants have strict property rights, even if they owe rent or have abandoned the lease. Mishandling “abandoned goods” can result in a Residential Tenancies Officer ordering you to financially compensate the missing tenant. Here is the legally safe way to clean up and move on.
Step-by-Step Process in New Brunswick
Proper documentation and patience are your best tools. The process relies heavily on the guidance of the local authorities. You must treat the tenant’s belongings with care until the province officially gives you the green light to remove them.
Step 1: Confirm the Unit is Actually Abandoned
Before touching anything, you must be certain the tenant has abandoned the property, not just gone on a long vacation or a hospital stay. 🚗 Look for strong indicators: the rent is severely overdue, the keys were left on the counter, utilities have been shut off by the provider, or neighbours report seeing a moving truck. If you are unsure, you must serve a standard Notice to Enter to legally inspect the inside of the unit.
Step 2: Apply to the RTT for Possession
You cannot legally change the locks just because you suspect abandonment. You must file an Application for Assistance with the Residential Tenancies Tribunal (RTT) stating that the unit appears abandoned. A Residential Tenancies Officer will investigate and, if satisfied, officially return legal possession of the rental unit to you.
Step 3: Inventory and Photograph the Belongings
Once you have the legal right to enter and take possession, document everything left behind. 📷 Take clear, well-lit photographs of all items, from expensive electronics to basic kitchenware. Write down a detailed inventory list. This is your primary defence if the tenant later resurfaces and falsely claims you stole a valuable item like cash or jewelry.
Step 4: Contact the RTT for Disposal Instructions
Do not throw anything away yet. You must contact your assigned RTT Officer and provide them with the inventory list. The Officer will determine the value of the items and give you specific written instructions on what to do next. If the items are deemed completely worthless or unsanitary (like rotting food or actual garbage), the Officer may allow immediate disposal.
Step 5: Store the Items Safely
If the belongings have any monetary value, the RTT will typically order you to store them safely for a specific period, usually up to 30 days. 🔒 You can pack them up and store them in a secure basement, garage, or a rented storage locker, which frees up the apartment so you can clean it and find a new tenant.
Step 6: Sell or Dispose of the Goods
If the storage period expires and the tenant has not returned to claim their items, you may proceed according to the RTT’s final instructions. This often involves throwing away remaining low-value items or selling items of worth. If you sell the items, the proceeds must usually be handed over to the RTT, although you can apply to have those funds cover unpaid rent or your out-of-pocket storage costs.
How Much Does it Cost in New Brunswick?
Dealing with abandoned property usually costs landlords time and labour, but out-of-pocket expenses can also add up. 💵 Here is a breakdown of potential costs in Canadian dollars.
| Type of Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| RTT Application Fee | $0 (Free) | Filing the application to regain possession of the unit is free. |
| Storage Unit Rental | $100 – $300 / month | If you cannot store items on-site, you may need to rent a commercial storage locker. |
| Junk Removal Services | $200 – $600+ | If the RTT authorizes disposal of heavy garbage or broken furniture, hiring a removal company will cost money. |
Keep your receipts! If you incur expenses for moving, storing, or dumping the tenant’s goods, you can apply to the RTT to claim the tenant’s security deposit (held by Service New Brunswick) to offset your financial losses.
How Long Does the Process Take?
Cleaning out an abandoned unit requires patience. ⏳ Regaining legal possession through the RTT can take 1 to 2 weeks. Once you have possession and inventory the items, the mandatory storage period ordered by the Officer is typically 28 to 30 days. You should realistically expect the entire process from discovering the empty unit to legally disposing of the goods to take roughly a month and a half.
Frequently Asked Questions (FAQ)
Can I keep the tenant’s abandoned TV or furniture for myself?
No. You do not automatically take ownership of the tenant’s property. You must follow the Residential Tenancies Officer’s instructions. If a sale is authorized, items are typically sold at fair market value, and you cannot simply absorb the assets into your own home.
What happens if the tenant comes back during the storage period?
If the tenant returns to claim their belongings before the storage deadline expires, they have the right to take them. However, you are legally permitted to require the tenant to pay you for the exact moving and storage costs you incurred before releasing the goods.
Do I have to store perishable food or garbage?
No. Items that are hazardous, unsanitary, or prone to rapid spoiling (like food in the fridge or obvious trash bags) can usually be disposed of immediately. However, it is still highly recommended to take photos of these items before throwing them out to prove they were garbage.
What if the tenant left a pet behind?
Pets are not treated as standard abandoned property. If you discover an abandoned animal in your rental unit, you should immediately contact the New Brunswick SPCA or your local municipal animal control service to intervene. Do not lock the animal out or ignore it.
How do I claim the security deposit for my clean-up costs?
You must submit a standard claim against the security deposit to Service New Brunswick within 7 days of officially regaining possession of the unit. You can include your receipts for cleaning, junk removal, and storage as part of your claim for damages.
Leave a Reply