Abandoned Property

Sometimes tenants leave things behind. Sometimes these things look valuable. Sometimes they leave entire apartments behind. What can a landlord do with abandoned property? 

The key issue is whether you have documentation about their ending their residency. Even with a lease, you must be sure they do not intend to reside there. Without such documentation, you must follow the abandoned property process.

Please note: The abandoned property process does not apply to evictions. For more information about the eviction process in Massachusetts, visit our page on eviction.

Documentation Is Required Before Handling Abandoned Property

Before you can do anything about the abandoned items in your rental, you must have documentation that your renter has returned possession of the unit to you.

Maybe you had lots of communication: Your renter told you they were leaving. They left their keys in the appropriate place and sent you a text telling you they were done moving out. If you do not have clear communication from your renter that they are entirely moved out, confirm that is the case in writing. Text or email counts. But you need to know for sure they are no longer living in the unit before you can move forward.

Once you have that confirmation, you still need permission to get rid of the abandoned property. Send them another email or text letting them know they left items behind and ask if they meant to do that. Include pictures if you can, or a brief description of what has been abandoned.

They may tell you they forgot those items, and you can set a time for them to come collect them. Or they might tell you you can get rid of them. Once you have their permission to get rid of the abandoned property, it belongs to you. Anything that looks valuable might be stored in a basement to be nice, in case they come back. Anything you don't want can be disposed of as trash. You can bill them for this actual expense, but do not deduct it from the security deposit.

Save all emails, screenshot all their texts, and organize all your evidence. If they come back to sue, you can remind them that they told you they were gone.

The Abandoned Property Process When Your Renter Left Without Notice

Sometimes a renter disappears without saying anything. They may or may not have returned the keys or left them in the apartment.

In this case, you have no proof that they are gone forever. Even if the apartment is mostly empty, you haven't heard them tell you they're gone. They might have spare keys. They might intend to return. Without confirmation they have moved out, you do not have possession of the unit. You cannot rent it out to someone else, and you cannot get rid of anything they left behind.

You must follow the abandoned property process.

The abandoned property process is:

1. Issue the disappeared tenant a notice to quit. Mail it to their rental address.

2. Look for signs your renter has moved out. Talk with other tenants. Look for piled up mail. Check for odors. Any evidence that they have left should be documented before you enter.

3. Enter the apartment. A constable is not required. If there is nothing left, the apartment is abandoned. If there is anything left at all, write another letter to their rental address saying:

"Based on the following observations I have determined that you have abandoned your apartment. If I have not heard from you in 7 days, I will assume it's abandoned."

4. Take pictures of everything left behind. If you aren't comfortable taking pictures, bring a constable back to document the apartment for you.

5. Go to court following the normal eviction process to get an execution. This should go quickly because the tenant is not there to resist. Make sure you file all paperwork as soon as you can.

6. With the execution, constable and bonded moving company, move the remaining items into storage. Pay the movers per the law.

7. The apartment is now yours.

If you have some communication indicating they were ending their tenancy, you might make do with just step 3. When in doubt, follow full the abandonment process. It will let you dispose of any items of any value and still be found faultless under Massachusetts law.

Check for abandoned animals regardless of how the unit was vacated.

Note: Massachusetts law requires you to check the property for abandoned animals. You must do this within three days of learning the property has been abandoned or otherwise vacated. This applies to evictions, planned move-outs and surprise abandonments.

The Move and Store Law

MGL Ch. 239 Section 4, "Storage of property removed; liens and enforcement; penalties" outlines rental housing providers’ responsibilities for abandoned personal property after an eviction.

The law requires an evicted tenant's belongings to be transported and stored safely for up to six months. This is technically at the former renters’ expense, but you will have to pay upfront for the sheriff to move the items. The law allows a storage facility to sell items that are unclaimed and not paid for after six months, but many may require upfront payment, especially if what you are dropping off has a low resale value.

Read more about the Massachusetts move and store law.