Always Check for Abandoned Animals After a Unit is Vacated

By Kimberly Rau, MassLandlords, Inc.

When a rental unit is left empty, there are several things that need to be done immediately. This is true whether the lease has been terminated and the tenants have left, or if the property has been abandoned through eviction or unscheduled move-out. Some of the tasks at hand may seem obvious, but others could surprise you. What do you do if your tenant leaves behind the family dog?

Can’t imagine your tenant ever leaving their pet behind? Maybe you didn’t even know your renter had a cat. You have three days to check for abandoned animals after a unit has been abandoned or otherwise vacated. [Image license: Unsplash]

Your First Steps After Your Tenants Leave the Apartment

If your renter moved out because the lease was up, then you don’t need to do anything further before going in and securing the unit. You already have possession. However, if your tenant abandons the rental unit, you first need to make sure you have documents that end the residency. This gets your abandoned property (the unit) returned to you.

Once you have possession, you need to secure the property for the immediate future. Maybe you can’t get a locksmith out right away, but check the doors and make sure you can at least lock the place up. Ensure the windows are closed and latched. Check on the taps: Are they all functional, and turned off? Open up the fridge (and plug it back in if it’s not still connected) and toss out any old food. If something in the apartment smells, you don’t have to break out the rug cleaner immediately, but try to find the source of the odor, and remove it if you can.

The state has rules about how you must handle abandoned property. It’s called the “move and store” law. It stipulates that if your former tenant left some of their personal effects behind, you must transport and safely store the tenant’s belongings for up to six months. This action requires a court order, so consult with your attorney before removing anything.

Make Sure All Animals Are Out of the Unit Within Three Days

But there’s something else you must be aware of. Two separate Massachusetts laws require the landlord or property manager to inspect the unit for abandoned animals. MGL Ch. 186 Section 30 gives the landlord three days after they know the property has been abandoned or otherwise left empty (including after standard lease terminations) to check for abandoned animals. MGL Ch. 239 Section 14 requires the same of property managers or landlords after a summary process has been executed.

Note: the law does not say “pets,” it says “animals.” Even if your renter didn’t have any pets, check for animals anyway. They may have taken one in without your knowledge, and you’re responsible for it as well. Any animal found in the apartment after it has been vacated is considered abandoned.

If you do find a left-behind pet, you don’t have to give it a home for six months like you do the abandoned armchairs. In fact, even if that cat is adorable and you want to keep it, you can’t. Just like that furniture, Captain Whiskers still belongs to the tenant, not you.

Instead, call your former renter. This might be painful if they were just evicted. But consider that they might genuinely appreciate your calling to let them know their animal is not lost after all. Old buildings and open doors provide lots of opportunities to escape commotion. Cats especially might have ducked into a hole in the wall for the move-out only to resurface later.

If you cannot get in touch with your former renter, call your local animal control officer. If you aren’t sure how to find that number, call your non-emergency police dispatch line. They can direct you to the right people. Tell whomever you speak to that you found an animal. Let them know where it is and its condition, if you know. They’ll take it from there.

Not following this law could earn you a fine of up to $500 for the first offense, and up to $1,000 for subsequent offenses. Plus, not checking for abandoned animals could result in extensive damage to your rental unit and make the universe a colder, darker place for Captain Whiskers.

Two Checklist Forms Make Sure You Catch Everything

Clearly, there’s a lot for you to do when a tenancy ends. To keep things organized, we have a members-only annual maintenance checklist that covers everything from changing the locks to checking for pet odors. This is a very useful tool when your tenant’s lease is up and you’re looking to get things ship-shape for the next renters, but for the most part these things aren’t time-sensitive.

To make sure you don’t miss anything when securing your rental unit immediately after it is empty, we’ve created a new abandoned unit checklist for members that is similar to the vacancy form linked earlier in the article. Use them both. Refer to the abandonment checklist right away, then run through the vacancy checklist at your leisure before the next tenant moves in. Cover all your bases and everyone can enjoy a much smoother move-out and move-in process.