What do you do with abandoned goods left behind at your rental?
Purchasing an investment property is a big decision and one that comes with a degree of responsibility for the owners when leasing to residential tenants.
For the inexperienced, navigating a rental lease and the associated laws of the Residential Tenancies Act (RTA) can be challenging with the bulk of enquiries to the REIWA Information Service being about residential tenancies from tenants and landlords querying a variety of aspects of tenancy laws.
One of the more common questions WA landlords require clarity on is understanding their rights when it comes to abandoned goods being left at a property after a tenancy has ended.
What is an abandoned good?
An ‘abandoned good’ is defined as any possession left by the tenant which remains at the property for two days or longer after the lease has ended.
These abandoned goods can be anything from a couch, to bedding, to smaller items like cutlery. It can even include much bigger items like a car.
What are the rules for removing abandoned goods from the property?
The best thing to do when determining how to get rid of an abandoned good is to consult the RTA.
The RTA clearly defines the landlord’s obligations and rights in this matter. It states a landlord is entitled to remove, destroy or dispose of the abandoned goods if the goods are perishable food stuffs or the value of the goods is less than the estimated cost of removal, storage and sale of the goods.
While in some instances removing an abandoned good is self-explanatory, for example if a tenant leaves perishable goods in the fridge, you can easily remove them from the premises with minimal hassle. However there are other instances that are not so straight forward, such as if an abandoned item is more valuable.
Where the goods have a higher value, the RTA instructs the landlord to store the goods in a safe place for 60 days. After this period of time, the goods must be sold at a public auction.
If the goods are sold at auction, the landlord is entitled to claim back any expenses they incurred when removing the item from storage and selling the goods.
As a property investor, it’s always a smart idea to ensure your rental property is professionally managed. Should you find yourself in this situation, a property manager will be able to advise and assist you with how best to remove the abandoned goods from the property.
SOURCE: reiwa.com.au
