Has a tenant moved out, and left some of their personal property inside of the rental home?
Abandoned property can be difficult to deal with as a landlord. You need to know what’s legally required of you, but you don’t want to hold up renting out the home to new tenants.
We’ve put together a step-by-step guide to help with these situations.
Quick Overview:
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How Do We Know the Property Was Abandoned?
There are two situations in which a rental property owner might encounter personal items left behind by a tenant:
- The tenant is evicted from the property, not everything is removed when the tenant leaves.
- The tenant moves out at the end of the lease term, but does not take all of their things with them.
The abandoned property you might find when you get inside the rental home after a tenant has vacated or been evicted might include furniture, electronics, clothing, personal items, small kitchen appliances like toasters or microwaves, and things like books or artwork hanging on the walls.
Nevada law does not allow owners to simply discard those things. There’s a legal process that needs to be followed, and the first step is determining whether or not the property in your rental can be considered abandoned.
You know you’re working with abandoned property when the tenant has vacated without notice and left their things behind. If the tenant has left as instructed, at the end of the lease term, and most of their things have been moved out but other things remain, that’s abandoned property.
Now that you know the tenant is not coming back and their property has been left behind, these are the steps we have for you to take.
Step 1: Send a Written Notice to the Tenant
Nevada law requires that you inform your tenants of the property you have, and let them know that you intend to dispose of it if they do not reclaim it. You must give them 30 days to take back their items. Provide the date that the property will be disposed of and a contact person to get in touch with for arrangements to be made. Include a statement that indicates your right to sell or throw out any property that is not claimed within that 30-day period.
Send the notice to the current address of your tenant, which you will likely have if your tenant moved out properly at the end of the lease period. If this is an eviction or a lease break, you’ll need to send the notice to the tenant’s last known address, which may be your property. Our recommendation is that you also post the notice at the property in case they return. You’ll also want to use some sort of Certificate of Mailing so you can document that the notice was sent and on which date it was mailed.
Step 2: Store the Property Outside of Your Rental Home
You’ll want to get the abandoned items out of the property as soon as possible so you can prepare to turn it over and rent it to a new tenant.
There is no option to put the items outside. You have to keep them in a secure and safe location, such as a storage unit. Trash does not have to be held, nor do perishable food items. If your tenant gets in touch with you right away and plans to come and retrieve the property quickly, keeping it in the rental home is an option that will cut down on costs and effort. Otherwise, move them somewhere for the 30-day waiting period.
Step 3: Assist the Tenant in Claiming Their Abandoned Property
Ideally, the tenant will respond to the notice that you send them and make plans to come and get the property that was left behind. You have the right to charge for any moving and storage fees. Once those costs are covered, you need to make it easy for the tenant to retrieve their belongings. Schedule a time to provide access either to the property or the storage facility where you’re keeping the items.
Unless the courts have allowed it in a specific order, you cannot hold onto the property as a form of rent payment. You cannot use that property to pay for any damage at the rental home that exceeds the security deposit.
What To Do When the Tenant Does Not Claim Their Abandoned Property
Not all tenants will respond to your notice or show any interest or responsibility in claiming their property.
In this case, it is truly abandoned.
- When the 30-day period comes and goes, you have the ability to dispose of the property in any way that you see fit. This might mean throwing it away or donating it to a charitable organization. You can keep it for yourself or sell it.
- What if the tenant responds to your notice but refuses to pay the cost of storage and/or transport? This is a sticky legal situation. We believe that you have the right to dispose of the property after 30 days if the tenant is not willing to meet the terms of your notice and pay the cost of storage, but you may want to protect yourself and talk to an attorney. We can also help as a property management resource, so get in touch with us at New West Property Management if you have concerns.
- It also helps to address this in your lease agreement and your move-out instructions. When you put in writing what the requirements are when property is abandoned during the move-out, your legal standing is that much stronger because your tenants have signed the lease and understand the terms.
Document every step of this process when property is left behind. This will help you establish that you followed the state rental laws and gave your tenant every opportunity to claim their belongings. Take photos of the property and create an inventory list. If you do sell anything, document the date of the sale and the amount you earned. If there’s a challenge later, this documentation and evidence will support you in court.
Consistent Move-In and Move-Out Procedures Limit the Risk of Abandoned Property
Preventative measures can be especially important in avoiding this situation.
Consistent move-in and move-out procedures are essential in minimizing the risk of abandoned property. When landlords or property managers follow standardized practices, it reduces confusion and creates clear expectations for tenants. This clarity helps ensure that personal belongings are removed on time, protecting both the tenant and the landlord from unnecessary disputes or liabilities.
- At move-in, a detailed checklist and clear documentation help establish the condition of the rental home and outline the tenant’s responsibilities. Including a clause in the lease about the handling of abandoned property. If your lease can state what it is, how long it will be stored, and any associated fees, tenants will be prepared from the outset for what will happen if they move out of the home without all of their things. When tenants know they are legally obligated to remove their possessions, they are more likely to comply.
- Reinforce this during the move-out procedures and communications. Providing written notice in advance about the expectations for vacating the property, such as cleaning requirements and a reminder to remove all belongings, helps tenants plan accordingly. A pre-move-out walkthrough can also be offered to point out any issues in advance, including reminders about removing property. This proactive communication limits surprises and decreases the chances that tenants will leave items behind, whether by accident or neglect.
We have been managing properties in Las Vegas and Nevada for many years, and we know that having these proactive systems in place can help. Good tenant relationships help, too.
When these procedures are inconsistent or poorly communicated, tenants may be unclear on what is expected of them. This can lead to situations where they unintentionally leave behind furniture, appliances, or personal items, assuming they will be discarded or reused by management. We are always surprised when we hear something like “I thought the next tenant might want it” when someone moving out explains why they left behind a sleeper sofa or a desk.
Abandoned property is a burden, and disposing of those items can be time consuming.
Working with a property manager can help. We have the procedures necessary to create a structured and transparent process that limits misunderstandings and reinforces tenant accountability. By establishing clear expectations and offering guidance throughout the tenancy, we significantly reduce the occurrence of abandoned property and streamline turnover between residents.
Let’s talk about how we can help. Please contact us at New West Property Management. Our team expertly manages residential rental homes in Las Vegas and throughout Clark County, including Henderson and North Las Vegas.
