Abandoned Property
If you leave belongings in your old rental unit when you move out, it’s considered abandoned property. You aren’t allowed to leave property in a unit after moving out, no matter the reason why you are leaving.
If you leave property in a unit, the landlord is required to compile an inventory of all the items left behind. Items can be grouped into categories (e.g. winter clothes, utensils), but the list still must be specific and extensive (cannot be, e.g. clothes & shoes, kitchen items).
The landlord must submit a copy of this inventory to Residential Tenancies and the tenant via a Form A. The landlord must then wait 30 days after filing before they throw out or sell the property. During this time, the landlord has to take reasonable care of the property. This means that if the property could benefit the landlord in some way (i.e. it has a high resell value) they must take extremely good care of it, and they could be liable if there is any damage. If the property has little value and is a burden for the landlord to store, the landlord doesn’t have to take very good care of the items and is only liable for damages if they’re extremely careless.
The landlord does not have to compile an inventory list if the items left behind are unsafe or unsanitary. In this case, they can file with Residential Tenancies and say they are disposing of the property immediately.
If a tenant leaves property behind, the landlord can bill them for the storage and moving costs (and any other associated cost) by keeping the damage deposit or filing for more money at Residential Tenancies.
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If you’re going to leave property behind, document what you left and its approximate value. You don’t have to reopen boxes or suitcases - but take pictures.
Let the landlord know that you’re leaving things behind and let them know when they can expect you to pick them up. It’s best to make a plan with them so everyone knows how long this will last.
If you are a roommate or moving into a new apartment and the old tenant has left belongings behind, make reasonable efforts to notify the person that you have it. Try this at least three times and all in different forms of communication. If a roommate or new tenant throws out peoples’ belongings, they could be held liable.
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Even if a tenant indicates they won’t be coming back for their things, landlords still have to follow the legal process for storing abandoned property (including waiting 30 days to throw things out). (Grandy v. Parkland Investments Ltd., 2018 NSSM 66)
Family photos and videos have no monetary value. (Grandy v. Parkland Investments Ltd., 2018 NSSM 66)
When a landlord illegally disposes of abandoned property and it’s impossible to determine the value of the belongings, the benefit of the doubt will favour the tenant. (Grandy v. Parkland Investments Ltd., 2018 NSSM 66)