What to do with belongings left behind in a rental unit after a move?

When a tenant leaves a rental unit, they may unintentionally or intentionally leave behind personal belongings. This situation can quickly become delicate for a landlord as it raises important legal issues related to protecting the tenant's property and privacy.

Here is the process to follow to act legally, avoid disputes, and eventually dispose of abandoned items.

1. Confirm that the tenant has actually moved out

Before taking any action, you must ensure that the tenant’s departure is effective and irreversible. If it’s a voluntary departure (moving out at the end of the lease or on an agreed-upon date), written proof of non-renewal or a departure agreement is sufficient. In case of doubt, such as in an abandonment situation, the evaluation is more nuanced.

In any case, you must first try to contact the tenant and notify them of your intention to enter the unit with at least 24 hours’ notice. If possible, ask a neutral witness to accompany you to the unit to document the state of the premises. Once inside, assess whether the unit is still being lived in: is there a bed, recently worn clothes, fresh food, used toiletries?

If the unit shows no signs of active life and the rent is no longer being paid, the tenant could be presumed to have abandoned the unit. This concept is governed by Article 1975 of the Civil Code of Québec but remains subject to interpretation by the Tribunal Administratif du Logement (TAL), so caution is advised.

 

2. Document the situation

Take detailed photos and/or videos of each room and of the items left behind. Capture both the general state of the unit and the personal belongings. The neutral witness accompanying you can attest to the accuracy of these observations in case of a later dispute.

 

3. Create an inventory

Make a detailed inventory of the items found on site. Record the date, type, condition, and location of each item. The inventory should also be signed by your witness to strengthen its validity. This document may be useful before the TAL if the tenant later disputes the handling of their belongings.

 

4. Notify the tenant

According to Article 1978 of the Civil Code of Québec, the tenant is required, upon departure, to return the unit free of personal property. If this obligation is not met, you must inform the tenant that belongings were left behind and offer them the opportunity to recover them under Article 944 of the Civil Code of Québec. CORPIQ offers a model notice of abandoned belongings for this purpose.

If you know the tenant’s new address, send the notice by registered mail or through a bailiff. If they are reachable by email, use a certified platform such as Pronotif®. Regardless of the method used to notify the tenant, it is important to ensure you obtain proof of receipt.

If you do not have valid contact information, you must publish a notice in a local newspaper where your building is located, in the “Public Notices” section, inviting the tenant to recover their belongings.

This notice must provide a 90-day period, in accordance with Article 944 of the Civil Code of Québec. This article states that if an entrusted item is not claimed within 90 days after the agreed period, it is considered forgotten, and the holder may dispose of it as they see fit, after giving a notice of the same duration to the person who entrusted it. This principle applies by analogy in the rental context when a tenant leaves personal belongings in a unit.
The 90-day period begins either on the date the tenant receives the notice, or the date the notice is published in the newspaper.

 

5. Wait 90 days and manage the costs

During this time, you are responsible for the belongings and must store them in a secure place, at your own expense. If the tenant contacts you within the 90-day period, they may retrieve their items, provided they reimburse you for reasonable storage fees and, if applicable, administrative costs.

If they do not come forward, you have the legal right to dispose of the items, whether through sale, donation, or disposal. If you sell them, you may keep the proceeds to cover your costs, but must return the balance to the tenant if they come forward later.

 

Key Takeaways

Even if the items left behind seem worthless, they still belong to the tenant. Any rushed or improper disposal may be deemed illegal by the TAL, with consequences for the landlord.

In case of doubt or unusual circumstances (e.g., abandonment in a subsidized unit, tenant under guardianship), it is strongly recommended to consult CORPIQ’s advisory service for guidance.