When tenants vacate a house or apartment at the end of a lease agreement, it’s their responsibility to restore the property rental to its original condition. This includes removing all personal property that doesn’t belong to the landlord. However, some tenants leave the premises without taking what’s theirs. As a property manager or owner, learn what you need to do when tenants abandon their possessions.

Type of Departure & State Laws

How to handle abandoned property depends on the conditions of the tenant’s departure. If the renter was evicted or left the property rental without notice or payment of final rent amounts, the landlord typically has the right to deal with remaining property as they see fit. Any property left by a tenant who moved out following rental agreement termination must also be dealt with by the property owner or manager. They can sell property of value or make charitable donations.

Before deciding what to do with abandoned tenant property, review your state’s specific guidelines. In Hawaii, a landlord has several options if a tenant “wrongfully quits” a property. The landlord can sell the property or donate it. However, they must first attempt to notify the tenant of selling or donating plans by sending a letter to the individual’s current address, forwarding address, or last known address. Selling the property deducts from unpaid rent the tenant owes. Sales and donations can only take place 15 days after the tenant is given notice to provide them with enough time to collect their belongings.

Exemptions

Certain items don’t apply to property rental laws. In addition to removing garbage quickly to prevent problems with pest infestations, you’re not required to remove anything categorized as a fixture. Fixtures refer to installations or modifications the tenant made to the rental, such as shelves or new window frames. These features become part of the property rental and don’t need to be returned to the tenant.

Motor vehicles are also exempt. As a property rental owner or manager, it’s your job to notify the local police station of the abandoned vehicle and provide the license plate number, make and model, and vehicle location. If the car or truck is considered abandoned following your state’s grace period, it will be towed to a junkyard. 

Maintain your property rentals with assistance from Classic Maui Properties, the Pukalani real estate company specializing in residential and commercial property management for over 40 years. Owner Steve Parker also has over four decades of experience in certified property appraisals. Call (808) 878-1001 today to discuss your rental needs, or visit the website for more property management information.