When can a landlord consider the rental abandoned and dispose of a tenant’s things?

UPDATED: Feb 19, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

When can a landlord consider the rental abandoned and dispose of a tenant’s things?

We have a rental house and tenant has not paid rent in months. We have given him a 30 day notice and a 3 day notice to move. The gas is off and power. Not sure he is even living there. How long before we can go in and remove his things?

Asked on February 19, 2012 under Real Estate Law, Idaho


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are unsure if the tenant is still in the rental, I would call the tenant and advise him or her that you are having an inspection of the unit in 24 hours and state a time for it. Have another person show up with you with a camera to document the inspection.

If it appears that the tenant has vacated the unit, I would write him or her at the other address you have and begin getting the unit ready for rental stating that the tenancy has been abandoned and the need to pick up any belongings in 20 days. If the belongings are not picked up in the 20 day period, you can dispose of them any way you want if they are worth less than $300 total.

If the items are worth more than $300, place them in an offsite rental in the tenant's name and send a copy of the lease to him or her advising of the need to pay the offsite storage rent. If not paid, then the items will be auctioned off to pay rent due.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption