Successfully evicting a difficult tenant is a relief for landlords. However, the eviction process may only be the first step when it comes to cutting links with the tenant. If they left their belongings or personal property behind after the eviction, that can be a complex problem to handle. This is because you can’t simply get rid of the items they left behind. There is a process you must follow, even if those belongings may appear valueless to you.
In this article, we’ll look at the process landlords or rental property owners in North Carolina must follow when a tenant abandons property or possessions left after an eviction.
Before you can even think about an
end of tenancy cleaning, you have to access the tenant's abandoned property left behind. This is the first step you should take when tenants leave their possessions on your property or premises after being evicted. To determine whether a tenant has abandoned the property or not, ask yourself the following questions.
In addition, as North Carolina landlords, you can consider a rental property abandoned in the following instances.
The options for disposing of a tenant’s abandoned property for landlords in North Carolina vary depending on the circumstances of the abandonment.
The circumstances are as follows. (N.C. Gen. Stat. § 42-25.9 (2021).)
The property left behind has a maximum value of $750. In this case, you are free to take the abandoned property to a nonprofit that donates or sells, at a nominal price, furnishings or clothing to those in need. The organization must, however, agree to hold the property for at least 30 days in case the tenant decides to claim it. You must then post a notice at the rental unit, as well as the place where rent was received. You must also let the tenant know where their property is being held.
The tenant's property left behind has a maximum value of $500. Here, you can classify the property as abandoned 5 days after the tenant was evicted. After 5 days, you can choose to throw the property away.
The property has a value of $500 - $750. You must keep the abandoned personal property for at least 7 days after a successful eviction. In this case, you can decide to store it offsite.
If the tenant requests their property within 7 days of vacating, you have no option but to return it. If you wish to sell the items, you must serve the tenant with a 7-days notice of sale. This notice period can be instated during the seven days after the eviction process.
You must send notice to the tenant’s
last known address. In this notice, you must ensure you include the date, time and place where the sale is scheduled to happen.
Additionally, you must also state the following:
You’ll apply the sale proceeds to sale costs, storage fees,
damages, and unpaid rent.
The tenant has a right to lay claim on any surplus funds derived from the sale within 7 days of the sale.
You’ll deliver any surplus funds to the government of the county where the property is located 8 days after the sale.
If the tenant left a significant number of items behind, handling it can prove extremely challenging. The following are some actions you can take:
As you can see, even after a tenant is evicted, you can’t get rid of their property as soon as they’re gone. Even once they're off of your property, they retain ownership of their possessions.
If you require assistance during this process,
Dawson Property Management can help! We are a seasoned property management company that takes pride in providing comprehensive leasing and rental home solutions throughout Charlotte and the surrounding areas to landlords and property owners.
Disclaimer:
This blog is only meant to be informational, and should not be substituted for professional legal advice. Also, laws change and this information might no longer be up to date at the time of your reading. For expert help, we recommend you contact a qualified attorney or an experienced property management company in NC.