Moving into a new apartment can come with surprises: forgotten furniture, boxes, appliances, or other items left behind. Can you just get rid of things you find inside or outside the unit? Before you do anything, it’s important to understand the rules.
At the end of their lease, the former tenants must move out and return the unit in the same condition it was in when they moved in. This includes taking all their personal belongings with them. Of course, any furniture that belongs to the landlord must stay in the unit. But sometimes, tenants leave other items behind.
Items left inside the unit
You can’t just throw out items you find in your new home. Items left inside a unit are generally considered lost or forgotten property. They still belong to the former tenants.
So what should you do? You must let your landlord know that items were left behind. It’s your landlord’s responsibility to contact the former tenants and give them 90 days to come get their belongings.
Meanwhile, it’s also your landlord’s responsibility to store the items at their own expense. The former tenants will have to reimburse the storage costs when they come pick up their things.
If no one claims the items within 90 days, your landlord can get rid of them. Depending on the situation, they could sell the items, donate them to a charity or get rid of them in another way.
But be careful! The former tenants could take you or your landlord to court and ask for compensation for the lost items if either of you don’t respect your obligations. For example, they could do so if you didn’t notify your landlord, or if the landlord didn’t give them the opportunity to recover their things. The former tenants would need to prove the value of the lost items in court.
Items left on the curb or by the street
The rules are different if items are left on the curb or on the side of the street. In this case, you don’t need to inform your landlord. These items are generally considered abandoned, rather than lost or forgotten. Unlike forgotten items, abandoned ones no longer have an owner.
This means that, in most cases, furniture and other things left on the street can be picked up by anyone.
Still, if you’re unsure, it’s a good idea to check with your landlord before taking or getting rid of anything.
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Municipal regulations about bulky items Municipalities have rules about how and when bulky items can be put out for collection. If you don’t follow these rules, you could receive a fine for leaving large items out improperly. Check with your municipality to find out how to safely and legally throw out large or hard-to-move items. |