Can a landlord accept a gift or “leftover” from a tenant?

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Can a landlord accept a gift or “leftover” from a tenant?

I’m renting out a room in my house. My current tenant is moving out this week and has offered to leave his bed behind for us to use for the room because he doesn’t have room in his vehicle to take it with him. I am perfectly fine with this arrangement and would in fact find it handy because many of the tenants who’ve rented the room in the past have come w/out furniture. Is it OK to accept this “gift” from the tenant? I plan to include it in his written move-out receipt so we have documentation.

Asked on August 12, 2012 under Real Estate Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless your state has a law against it - and I surely doubt that - then yes, you and your tenant can come to an agreement as to the furniture they are leaving behind and it is a very good idea to have a written agreement as to same.  Good luck. 


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