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

Managing such a situation without exposing yourself to legal risk is far from straightforward: these are a person's personal belongings and part of their private life. They may have abandoned them, but it is also possible that they simply forgot them. That is why it is essential to follow a rigorous process to ensure you remain compliant with the law. Here are the steps.

1. The tenant still occupies the dwelling

When the tenant continues to occupy the dwelling after the lease has ended (following a non-renewal notice or a lease termination agreement), the landlord cannot simply take back possession of the premises or dispose of the belongings found there.

In such a situation, the appropriate recourse is to file an application with the Tribunal administratif du logement (TAL) to evict the tenant after the lease term has expired. It is generally recommended not to accept rent after the lease end date to avoid the possibility of a tacit lease renewal being claimed.

Once an eviction order has been obtained, it may be enforced by a bailiff. The bailiff can then proceed with the eviction of the tenant and, if you wish, the removal of any belongings found on the premises in accordance with the applicable rules. If you choose to use the bailiff only for the tenant's eviction, you may then follow the steps outlined below regarding abandoned property.

2. Make sure the tenant has left

If the tenant has indeed vacated the dwelling, it is essential to obtain proof of their departure. A non-renewal notice sent during the lease renewal period or a lease termination agreement signed by all parties will suffice in the case of an agreed move-out, but the situation may be more complicated in the event of abandonment. A tenant is deemed to have abandoned the dwelling when they stop paying rent and do not leave enough belongings on site to allow them to continue living there.

In this case, you must first notify the tenant at least 24 hours in advance that you will be entering the dwelling to inspect its condition. It is recommended that you enter the dwelling with a neutral witness. You must then assess the belongings left behind: do they indicate that someone could still be living there? If the answer is yes, the tenant will not be considered to have abandoned the dwelling. If you observe the opposite (absence of a bed, mattress, personal effects, food, etc.), the tenant is considered to have abandoned it.

3. Take photos and prepare an inventory

Once inside, you should take all relevant photos and videos to properly document the file. In addition to the general condition of the dwelling, focus on any belongings left behind and their condition. Prepare a clear and complete inventory of all items present, with a detailed description. Have the witness confirm the inventory, as they may need to testify if the tenant files a claim.

4. Notify the tenant

The inventoried belongings must be stored in a secure location while the tenant is being notified. If you know their new address, you may hire a bailiff or send a registered letter. If you have their email address, notify them using certified email through Pronotif. If you have no way of contacting them, you may hire a skip tracer (private investigator) to locate their new address. Failing that, you must publish a notice requesting that they retrieve their belongings in the local newspaper under the "Public Notices" section.

From the moment you receive proof that the notification has been received, or from the publication date of the newspaper notice, you must wait 90 days before disposing of the belongings. CORPIQ also provides its members with a template notice for abandoned property.

Please note that if the tenant contacts you to recover their belongings during this 90-day period, they must reimburse you for storage and administrative costs before retrieving their property. If they do not contact you within 90 days, you are free to sell the items to recover the costs incurred or dispose of them as you see fit.

5. A useful tip for a responsible move

When tenants are preparing to move, consider reminding them of best practices for sorting items they no longer wish to keep. It is an excellent opportunity to raise awareness about effective and environmentally responsible sorting.

A particularly useful tool for this purpose is RECYC-QUÉBEC's moving guide, available here: Moving Guide – RECYC-QUÉBEC.

This guide can be emailed to tenants a few weeks before their departure or posted in a visible location in the building's vestibule or common area as a visual reminder.

Would you like to be even better prepared for July 1? Consult our complete guide on moving in the June edition of our PROPRIO magazine.

Note: For leases in which you allow the new tenant to keep one or more pets, do not forget to include our new animal care - annexe to the lease. This addition will help you properly regulate the presence of pets in the dwelling and remind tenants of the rules to follow, thereby preventing any misunderstandings on the subject.