If a tenant just abandons their goods in your premises, it’s often tempting for the Landlord to toss out those things left behind, however, if you do that without warning, then you’ve got a bit of a legal issues to deal with.
In some situations the Repair and Storage Lien Act provisions can apply, but that’s only if your lawyer properly created documentation that allows for that. Its often more likely that you’re in a Bailment situation (technical legal term) and you’re going to have to get the items appraised, give notice and then sell.
This frustrates many Landlords as they are spending more money on a situation that probably already has a significant rental default. However, its worth taking the time and doing this correctly.
We always recommend using a Bailiff and Private Auctioneer to handle the process. This ensures that all steps are properly completed and protects you from anyone coming back and claiming they are entitled to a large payout from the Landlord.
As always, we’re here to help.
Inga B. Andriessen, JD