Dealing with Abandoned Property by Tenants in Nova Scotia

When Tenants Leave Things Behind

It happens more often than you might expect. A tenant moves out, sometimes with proper notice, sometimes without, and leaves behind personal belongings. Furniture, clothing, appliances, boxes of personal items, even vehicles. The question every landlord faces is: what are you legally allowed to do with this property?

In Nova Scotia, the Residential Tenancies Act provides specific rules governing abandoned tenant property. Failing to follow these rules can result in liability for the value of improperly disposed items, even if the tenant left without notice and owes you rent.

This guide explains your obligations, the proper process, and practical strategies for handling abandoned property.

Is the Property Actually Abandoned?

Before treating a tenant's belongings as abandoned, you must determine whether the tenant has actually vacated the unit. Signs of abandonment include:

• The tenant has returned keys and confirmed their departure
• The tenant provided written notice and the notice period has expired
• The unit appears vacated: No personal belongings of significant value, furniture removed, mail accumulating
• The tenant is unreachable: No response to calls, texts, emails, or posted notices over a period of days
• Neighbours or other tenants confirm the tenant has left

Be cautious. A tenant who has left some belongings but has not formally ended the tenancy may not have abandoned the unit. They may be hospitalized, travelling, or dealing with a personal crisis. Premature action can create legal problems.

If you are unsure, attempt to contact the tenant through every available channel and document your efforts. If you cannot reach the tenant after reasonable attempts, consult the Residential Tenancies Program before taking further action.

Your Obligations Under the NS RTA

The NS RTA and associated regulations set out specific requirements for handling abandoned property:

Notification

When a tenant leaves property behind, the landlord must make reasonable efforts to notify the tenant. This includes:

• Contacting the tenant at any known phone number, email address, or forwarding address
• Sending written notice to the tenant's last known address
• Documenting all contact attempts and their results

The notice should inform the tenant that property has been left behind, describe the property, and provide a deadline for the tenant to retrieve it.

Storage Period

You must store the property for a reasonable period to allow the tenant to claim it. While the NS RTA does not specify an exact timeframe for all situations, 30 days is generally considered a reasonable minimum for items of value.

During the storage period:

• Store the property in a reasonably secure location
• Do not use, sell, or dispose of the property
• Document the items stored (list and photos)
• Keep the property in the condition you found it

After the Storage Period

If the tenant does not retrieve the property within the storage period, you may:

• Dispose of items that have no significant value (garbage, heavily worn clothing, broken furniture)
• Sell items of value and apply the proceeds to outstanding rent or costs of storage and sale
• Return any surplus to the tenant if they can be located

Keep detailed records of any sale or disposal, including the items, method of sale, proceeds received, and how proceeds were applied.

Special Considerations

• Vehicles: Abandoned vehicles present unique challenges. Contact the Registry of Motor Vehicles and local law enforcement for guidance on abandoned vehicles on private property.
• Pets: If a tenant leaves behind pets, contact local animal control or the SPCA immediately. You are not responsible for long-term animal care.
• Hazardous materials: If the tenant left behind chemicals, paints, or other hazardous materials, contact your municipality for proper disposal guidance.
• Personal documents: Identity documents, financial records, and sentimental items should be handled with particular care. Make extra effort to return these to the tenant.

Step-by-Step Process

Step 1: Document Everything

Before touching anything, document the abandoned property:

• Photograph every room showing items left behind
• Create a written inventory with descriptions of each item
• Note the condition of the property and the unit
• Record the date of discovery

Step 2: Attempt Contact

Make documented attempts to reach the tenant:

• Phone calls (record dates and times)
• Text messages (save screenshots)
• Emails (keep copies)
• Written letter to last known address (keep a copy and proof of mailing)
• Emergency contact listed on the lease (if available)

Step 3: Send Formal Notice

Send a written notice that includes:

• A description of the property left behind
• The location where the property is being stored
• A deadline for retrieval (minimum 30 days from notice delivery)
• A statement that items not retrieved by the deadline may be sold or disposed of
• Any costs associated with storage that the tenant will be responsible for

Step 4: Secure and Store

Move the property to a secure storage location. This could be:

• A locked room on the premises
• A storage unit (keep receipts for any costs incurred)
• A designated area of the building

Do not mix the tenant's property with your own belongings or those of other tenants.

Step 5: Wait

Allow the full notice period to expire. If the tenant contacts you during this period, arrange a mutually convenient time for retrieval.

Step 6: Dispose or Sell

After the notice period expires:

• Dispose of valueless items appropriately
• Sell items of value (online marketplace, auction, yard sale)
• Document the sale: items sold, sale price, buyer information
• Apply proceeds to outstanding rent, storage costs, or damages
• Hold any surplus for the tenant

Step 7: Final Accounting

Prepare a final accounting that includes:

• Outstanding rent owed
• Security deposit held
• Storage costs incurred
• Sale proceeds received
• Net amount owed to or by the tenant

Send this accounting to the tenant's last known address.

Common Mistakes to Avoid

Immediate Disposal

Do not throw everything away the day the tenant leaves. Even if the tenant owes you months of rent and left the unit in poor condition, you must follow the proper process. Premature disposal can result in you paying the tenant for the value of their property.

Keeping Items for Personal Use

You are not entitled to keep the tenant's property for personal use, regardless of what they owe you. The proper process is to sell items of value and apply proceeds to debts.

Ignoring Documentation

Without documentation, you have no defence if the tenant later claims you disposed of valuable items. Photos, inventory lists, and contact records protect you.

Changing Locks Before Confirming Abandonment

If the tenancy has not been formally terminated, changing the locks can constitute an illegal lockout under the NS RTA. Confirm the tenancy has ended before securing the unit.

When the Tenant Owes You Money

If the tenant left owing rent or having caused damage, the abandoned property situation intersects with your financial claims:

• Security deposit: Apply the deposit (up to half of one month's rent) to outstanding rent or documented damages first
• Sale proceeds: If abandoned property is sold, apply proceeds to remaining debts
• Residential Tenancies Program: File an application for any outstanding amounts that the deposit and sale proceeds do not cover
• Small Claims Court: For amounts exceeding the Residential Tenancies Program's jurisdiction, consider Small Claims Court

For more on collecting outstanding rent, see our guide on dealing with late rent payments.

Preventing Abandoned Property Issues

Clear Move-Out Procedures

Establish and communicate clear move-out expectations:

• Written confirmation of move-out date
• Scheduled move-out inspection
• Checklist of tenant responsibilities (cleaning, removing all belongings, returning keys)
• Consequences for leaving property behind

Early Warning Signs

Tenants who may abandon the unit often show warning signs:

• Falling behind on rent
• Becoming unreachable or unresponsive
• Visible removal of personal items over time
• Neighbour reports of reduced activity

Addressing these signs early, through communication and relationship building, can prevent abandonment scenarios. Our guide on managing difficult tenant situations covers these dynamics in detail.

Professional Support

Abandoned property situations are time-consuming and legally nuanced. A professional property management company handles these situations routinely, with established processes for documentation, tenant contact, storage, and disposal.

At Nova Solutions Property Management, we manage move-outs and abandoned property situations as part of our comprehensive service. Our documentation systems and legal knowledge protect our clients' interests throughout the process.

Contact our team to discuss your property management needs, or learn more about our services and pricing.

Key Takeaways

1. Always determine whether the unit and property are truly abandoned before acting
2. Make documented attempts to contact the tenant
3. Provide formal written notice with a retrieval deadline
4. Store the property securely for the notice period
5. Document everything: inventory, photos, contact attempts, sale records
6. Apply any sale proceeds to outstanding debts before returning surplus
7. Never dispose of property prematurely or keep items for personal use

For more landlord guidance, explore our articles on preventing property damage and common landlord mistakes to avoid. Visit our FAQ page for answers to frequently asked questions about the NS RTA.