What to do With a Tenant's Possessions After an Eviction

Key Takeaways

• Even after a tenant is evicted, they may still legally own personal property left behind, such as furniture, documents, and valuables.
• Requirements for storing, notifying, and disposing of abandoned property vary by jurisdictions, so landlords must understand and comply with applicable regulations.
• Create a detailed inventory with photos, videos, and written records before moving or storing any items to protect against future disputes.
• Landlords should not immediately discard abandoned belongings; they should give tenants proper notice and a reasonable opportunity to retrieve their possessions.

Evictions are some of the most difficult situations landlords have to deal with. Once the legal process ends and a tenant moves out, landlords also have to deal with the problem of abandoned belongings.

Landlords are faced with questions about which options they have from a legal and ethical standpoint when dealing with abandoned property.

While there are best-practice guidelines regarding what to do with abandoned property, there are also many variables that could make the guidelines unclear or nonexistent.

State laws, lease agreements, local court rules, and whether the abandonment occurs under special circumstances will determine the landlord’s options regarding the handling of abandoned property.

Furthermore, laws that allow one course of action for the landlord in one jurisdiction may prohibit that action in another jurisdiction. Therefore, as a best practice, landlords should be careful and thorough as they deal with abandoned property situations.

In this article, TrueNest Property Management will go over how to manage a tenant's possessions after they have been evicted in Florida.

Understand That Eviction Will Not Automatically Terminate Ownership of Abandoned Property

Many landlords misinterpret eviction as automatically ending the tenant’s claim to their personal property because the landlord now “owns” the rental property.

While possession of the rental unit has certainly been transferred back to the landlord following an eviction, the former tenant may still have some claim to their personal belongings stored in the residence upon the date of eviction.

The following items may still be considered the property of the former tenant as part of their overall legal ownership claim: furniture, clothes, electronics, appliances, jewelry, family photos, legal records, and other personal documents.

Research Your State/Local Laws

Landlords have varying levels of responsibility regarding abandoned personal property depending on the laws applicable in their jurisdiction.

Some jurisdictions require that landlords keep belongings in storage for a minimum period of time, give written notice to former tenants, provide a reasonable opportunity for tenants to retrieve their possessions, and follow appropriate procedures for disposal.

Other jurisdictions allow for quicker removal and less formal retrieval of personal property from rental units after an eviction.

Because there are so many differences in the regulations governing the storage and retrieval of abandoned personal property from residential rental units, it may be prudent for landlords to obtain some legal advice before proceeding with any action on abandoned personal property.

Before proceeding with any legal actions against your former tenant, you should review applicable landlord/tenant statutes, local housing ordinances, court eviction instructions, and lease provisions.

If you do not follow legal procedures, you expose yourself to possible legal actions and/or claims for damages.

Determine if Those Properties Were Actually Abandoned

There are many situations where a tenant would have intended to pick up their items at a later date. The landlord should consider all of the facts surrounding each situation carefully.

Some key questions to ask include:

• Did the tenant give a clear indication that they had left?
• Was there any communication from the landlord?
• Are there any items of significant value still on the property?
• Did the tenant contact you after leaving the property?

There are many reasons why tenants leave their possessions temporarily during times of transition.

Create a Detailed Record of Everything

Before you move, remove, or store anything that belongs to your former tenant, you need to create an accurate and detailed record of its condition. This can be a great way to avoid misunderstandings or disputes about the items in the future.

Supporting documents for common property documentation practices should consist of: photographs, walkthrough videos, written inventory, and documentation of the date and time when the title to the property was formally transferred.

This will provide evidence of legal ownership. Having accurate documentation will create strong legal protection and help avoid future disputes through clear documentation.

Don’t Immediately Discard Items

Although this frustration may drive some landlords to quickly discard items to prepare their property to rent again, immediate disposal creates unnecessary liability for the landlord.

If a landlord removes items from a property quickly, they run the risk of being held responsible for any number of possible claims, including wrongful disposal, property loss, financial damage, and violations of a tenant’s rights.

Caution must be used with respect to high-profit items. On occasion, there may be items in a tenant’s possession that the tenant or landlord does not view as important but carry extraordinary sentimental or legal value.

The time between when an item is discarded and when it is returned to the original owner should always be well thought out, and when warranted, strict caution should be taken by the landlord.

Provide Sufficient Notice to the Former Tenant

Most jurisdictions require landlords to provide notice to the tenant before the disposal of the tenant’s personal property. Notices may be property descriptions, storage information, deadline for retrieval, storage expense associated with legally permissible written communication.

Notice delivery may take the form of certified mail unless otherwise allowed by law. Retain all copies of communication (both before and after the notice) for compliance documentation.

Final Thoughts

The management of a tenant’s property at the time of eviction is greatly more complicated for the majority of landlords than the landlord originally envisions.

Even though the landlord regains possession of the rental unit and evicts the tenant, the landlord has continuing legal responsibility for the tenant’s abandoned possessions or personal property.

If you want help understanding the legal aspect of property management in Florida, TrueNest Property Management can help! Contact us today for all your property management needs!