If a tenant abandons their belongings in Newfoundland and Labrador, you cannot simply throw them in the trash. The law requires landlords to safely store the abandoned property for 60 days and obtain an official order from the Director of Residential Tenancies before selling or disposing of the items.
Finding that a tenant has vanished in the middle of the night without paying rent is incredibly frustrating. It becomes even more complicated when you walk into the rental unit and discover they have left behind furniture, electronics, and personal belongings. Your immediate instinct might be to rent a dumpster and clear out the unit so you can find a new paying tenant.
However, under the Residential Tenancies Act of Newfoundland and Labrador, a landlord becomes the involuntary caretaker of those items. Disposing of a tenant’s personal property without following the strict legal procedures can lead to a lawsuit where you are forced to pay the tenant for the replacement value of everything you threw away. Understanding how to legally handle “abandoned property” is vital for protecting your real estate business.
Step-by-Step Process in Newfoundland and Labrador
Whether your rental property is located in Mount Pearl, Gander, or Labrador City, the rules for handling abandoned goods are strictly enforced by Service NL. Here is the legally compliant way to clear out your rental unit.
Step 1: Confirm the Unit is Legally Abandoned
You cannot assume a unit is abandoned just because the tenant hasn’t been seen for a few days. 🔍 Generally, a unit is considered legally abandoned if the rent is overdue and there is clear evidence the tenant does not intend to return (e.g., they returned the keys, the power was disconnected by the tenant, or neighbours saw them moving out). If you are unsure, you should post an official 24-hour notice of entry on the door before going inside.
Step 2: Secure the Property and Take an Inventory
Once you confirm abandonment, your legal duty is to secure the property. Take extensive photographs and videos of exactly how the unit was left. Next, create a detailed written inventory of every item left behind. Document the condition of the items, especially if furniture is damaged or soiled, as this will help you prove the items had little financial value.
Step 3: Store the Belongings Safely
Under Section 32 of the Act, a landlord is generally required to store the abandoned property in a safe, secure place for 60 days. You can choose to store the items inside the rental unit itself (which means you cannot rent it out), or you can carefully pack them up and move them to a commercial storage locker or a dry garage. The landlord must initially pay for the moving and storage costs.
Step 4: Apply for Permission to Dispose or Sell
To legally protect yourself, you must file an Application for Dispute Resolution with the Residential Tenancies Division. You are asking the Director for a formal order allowing you to dispose of or sell the items. If the belongings are completely worthless, unsanitary, or if the cost of storing them exceeds their total value, the Director may grant you an immediate order to throw them in the garbage without waiting the full 60 days.
How Much Does it Cost in Newfoundland and Labrador?
Dealing with abandoned property is usually an out-of-pocket expense for the landlord initially, though you can legally claim these costs against the tenant’s security deposit or the proceeds of selling their items.
- Residential Tenancies Application: Filing the application to seek an order for disposal costs $20 CAD.
- Moving and Storage: Renting a commercial storage unit in NL typically costs between $100 and $250 CAD per month, plus the cost of hiring movers if you cannot lift the furniture yourself.
- Dump Fees: If the Director authorizes disposal, taking heavy furniture and garbage to a local regional landfill will incur tipping fees, often around $70 to $100 CAD per tonne.
| Condition of Belongings | Storage Requirement | Action Required by Landlord |
|---|---|---|
| Valuable (Electronics, Good Furniture) | Store for 60 days | Apply to Director to sell; deduct costs from proceeds. |
| Worthless or Unsanitary (Garbage) | None (with Director’s Order) | Apply for immediate disposal order. |
| Personal Papers & Photos | Store for 60 days | Keep secure; turn over to Service NL if unclaimed. |
How Long Does the Process Take?
The standard waiting period mandated by law is 60 days from the date you safely store the items. 🕑 However, getting a hearing date with the Residential Tenancies Division to get permission to sell or dispose of the goods can take an additional two to four weeks. If you are applying for an expedited disposal order because the items are hazardous or worthless, a decision can sometimes be made in just a few days.
Frequently Asked Questions (FAQ)
Can I keep the abandoned property for myself?
No. The law requires you to sell the items at a fair public auction or sale if they have value. You can deduct your unpaid rent, storage costs, and moving expenses from the profits, but any remaining money must technically be forwarded to the Director of Residential Tenancies to be held in trust for the tenant.
What happens if the tenant comes back during the 60 days?
If the tenant returns within the storage period to claim their items, they must first pay you back for the out-of-pocket costs you incurred for moving and storing the items. Once they pay those specific storage costs, you must release their belongings.
Can I just leave the items on the front lawn?
No. Placing a tenant’s belongings outside where they can be damaged by weather or stolen is a violation of your duty to safely store the property. The tenant could sue you for the full replacement value of the damaged items.
Does a signed note from the tenant change things?
Yes. If the tenant gives you written, signed permission stating they are abandoning the property and explicitly authorizing you to dispose of everything left behind, you generally do not need to wait 60 days or get a Director’s order.
What if the abandoned items are a health hazard?
If the items are rotting food, heavily soiled mattresses, or present an immediate pest hazard, you should take photos immediately and apply to the Director for an urgent order of disposal without waiting the 60 days.
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