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Items left behind

Last updated on December 7, 2023

The Residential Tenancy Act and the Unclaimed Property Act outline the rules for abandonment of personal property. Landlords must follow specific steps when removing and disposing of a tenant’s abandoned personal property.

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Abandoned items 

The Residential Tenancy Act: Part 5 and the Unclaimed Property Act outline the rules for abandonment of personal property.

A tenant is considered to have abandoned personal property if the tenancy has ended and the tenant has moved out.

Other situations where a tenant is considered to have abandoned property are when:

  • The tenant has not paid rent or lived in the rental unit for at least one continuous month
  • The tenant has removed almost all of their personal property

 In these situations the tenant is only considered to have abandoned the property if:

  • They inform the landlord verbally or in writing that they do not intend to return to the property
  • It is unreasonable for the landlord to assume they will return

The law says landlords are responsible for dealing with abandoned property. Specific rules apply and must be followed for storing, selling or getting rid of it.

Removing a tenant’s personal property

The landlord is required to give proper notice before getting rid of a tenant’s personal items if the value of the items is worth $500 or more.

Reasonable care should be taken to ensure the items are not damaged, lost or stolen when they are removed and stored.

If a tenant doesn’t claim their items from the landlord within 60 days, the landlord must follow a specific process for getting rid of abandoned items.

Process for removing a tenant's personal property

Step 1: Complete an inventory

The landlord must make a written inventory of items left behind by their tenant.

It’s a good idea to take photos of the items while packing them as the photos will help to show the condition of the property when it was left behind.

Step 2: Storing the items

Generally, the landlord must store the items in a safe place for 60 days to allow the tenant a chance to claim them. However, the landlord can choose to get rid of the items if:

  • The items are worth less than $500
  • The cost of removing or storing the items is more than the items are worth
  • Storage of the items would be unsanitary or unsafe

Step 3: Give notice

The landlord must provide notice that they are planning to sell or get rid of abandoned items.

The notice must be given in accordance with the Personal Property Security Act and can be done any time after the items are abandoned, but at least 30 days before they are sold. For example, during the 60-day storage period.

The Personal Property Security Act states the landlord must:

  • Notify anyone claiming rights to the items through the Personal Property Registry (search the registry using the name of the tenant or serial number of the items)
  • Notify anyone who says they should have the items
  • Post a notice about the disposal of items in a local newspaper that covers the area where the rental unit is located

The notice must include:

  • The name of the tenant
  • The address of the rental unit
  • The name and address of the landlord
  • A description of the items to be sold or disposed of
  • The following statement:
    • "The items will be disposed of after 30 days of the notice being served or posted, unless the person being notified takes the items, or establishes a right to the items, or makes a dispute resolution application with the Residential Tenancy Branch, or makes an application in Supreme Court to establish their rights to the items."

If you are unsure about how to give notice, please contact BC Registry Services at 1-877-526-1526.

Step 4: Sell or dispose of the abandoned items

After giving proper notice, the landlord can choose to dispose of or sell the items. The landlord can keep any money made from the sale of items to cover the costs of:

  • Storing and disposing of items
  • Unpaid rent or utilities
  • Other money owing to the landlord

Under the Unclaimed Property Act, any leftover money must be forwarded to the administrator – the BC Unclaimed Property Society.

Step 5: Document everything

The landlord should keep all documents related to this process – like receipts for moving or storage and proof of how much the items were sold for.

It is a good idea to keep a written record of the entire disposal process for at least two years after getting rid of the items.

Tenants claiming removed personal property

Upon request, landlords should advise the tenant or tenant’s representative that the personal property has been stored, or that it has been disposed of.

If a tenant wants to claim the abandoned personal property that their landlord removed, the tenant may have to reimburse the landlord for the cost of removing and storing it, as well as the cost of the notice of the disposition. The landlord can also require that the tenant pay any money that they legally owe the landlord under the Residential Tenancy Act or their tenancy agreement, such as unpaid rent or payments ordered by the Residential Tenancy Branch.

If the tenant does not pay the money they owe the landlord, the landlord does not have to return the personal property.

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