What Are the Rules for Disposing of a Tenant’s Abandoned Property in BC?
When a tenant moves out and leaves behind personal belongings, landlords in British Columbia are required to follow specific legal steps before removing, storing, or disposing of the items. These rules are outlined under the Residential Tenancy Act and the Unclaimed Property Act, and help protect both the tenant's property rights and the landlord’s responsibilities.
Here’s a breakdown of the proper process for dealing with abandoned property after a tenancy ends.
When Is Property Considered Abandoned?
A tenant is considered to have abandoned personal property when the tenancy has ended and they have moved out of the unit. In some cases, a tenant may also be considered to have abandoned their property if:
They have not paid rent or lived in the rental unit for at least one continuous month;
They have removed most of their belongings; and
They have told the landlord (verbally or in writing) that they do not intend to return, or it would be unreasonable for the landlord to assume they are coming back.
Step 1: Create an Inventory of Items
Before removing anything, landlords must make a written inventory of the items left behind. It’s a good idea to also take photographs to document the condition of the property at the time it was found.
Step 2: Store the Property Safely
In most cases, landlords must store the abandoned items for 30 days to give the tenant a fair opportunity to claim them. During this time, the landlord must take reasonable care to prevent loss, damage, or theft.
Exceptions to the storage requirement may apply if:
The items are worth less than $1,000 (unless they have personal value to the tenant, such as medical devices or photographs);
The cost of removal or storage exceeds the value of the items;
The items pose a health or safety risk (e.g., unsanitary conditions).
Step 3: Provide Notice of Intent to Dispose or Sell
If the tenant does not claim their property during the 30-day storage period, the landlord must issue a notice of disposition before disposing of or selling the items. This notice must include:
The tenant’s name and the rental unit address;
The landlord’s name and contact details;
A description of the items to be sold or disposed of;
A statement that the items will be disposed of after 30 days unless someone:
Retrieves them,
Establishes a legal right to them,
Files a dispute resolution application with the RTB, or
Applies to the Supreme Court to assert legal rights.
This notice must be:
Given to the tenant or anyone with a legal claim to the property;
Published in a local newspaper; and
Registered with the Personal Property Registry if applicable (especially for high-value items like vehicles).
Note: For items of personal value, such as medical aids or sentimental belongings, this notice is not required—though landlords should still proceed with caution.
Step 4: Dispose of or Sell the Items
If no one comes forward within 30 days after notice is given, the landlord may then dispose of or sell the items. Any proceeds from a sale may be used to cover:
The cost of removing, storing, and advertising the property;
Any unpaid rent, utilities, or other charges owed by the tenant.
If there are leftover funds after covering these costs, the remaining amount must be forwarded to the administrator of the Unclaimed Property Act (currently the BC Unclaimed Property Society).
Step 5: Keep Detailed Records
Landlords are required to maintain written records of the entire process for at least two years, including:
Inventory lists;
Photos of items;
Notices issued and where they were posted or published;
Storage and sale costs;
Proof of sale or disposal and any proceeds received.
What If the Tenant Wants Their Property Back?
If the tenant contacts the landlord during the storage or notice period, they may retrieve their belongings. However, the landlord may require the tenant to first:
Reimburse the landlord for removal, storage, or notice costs;
Pay any outstanding rent or other money owed under the tenancy agreement or as ordered by the RTB.
If the tenant refuses to pay what they legally owe, the landlord is not required to return the items.
Final Thoughts
Abandoned property can be a sensitive and complicated issue. While landlords have a right to reclaim and reuse the space, they must respect the legal process designed to protect tenant property rights. Following the correct steps ensures fairness for all parties—and avoids the risk of costly legal disputes.
This article is for general informational purposes only and does not constitute legal advice. The Residential Tenancy Act, Residential Tenancy Regulation, and Unclaimed Property Act are subject to change, and the application of these laws may vary depending on individual circumstances. For up-to-date information or specific advice, contact the Residential Tenancy Branch or consult a qualified legal professional.
