In the first part of this topic, we discussed that there are regulations that govern what a landlord should do when a tenant left personal property behind. Exemption, storage period, and documentation, duty of care have been discussed.
Now what if the belongings are not exempt? Then the landlord required to notify the tenant and any interested parties by putting up an a in a local newspaper for one day. The ad should have the details of the tenancy and of the belongings. The landlord must also contact the Personal Property Registry to see if someone else owns the properties. If it belongs to someone else, a landlord can contact them for picking the items up and pay off any administration fee that has incurred. A tenant is deemed to be in default of their obligation to the financer and the financer can repossess their property after paying the landlord any moving and/or storage fee that have incurred.
On the other hand, the landlord can dispose the belongings in a commercially reasonable manner such as using a disposal company, selling, or hauling to a dump. The landlord can keep proceeds of any sale of personal property to cover the costs incurred to administer the abandoned property and satisfy any other outstanding debt of the tenant to the landlord. In rare incidence that there is money left over, a landlord must follow the procedure set out in the unclaimed property act. A tenant or other interested party may apply for a court order to prohibit or postpone the sale or disposal of abandoned personal property.
The rental unit can be used as the storage unit if it is more cost effective to leave the belongings in the rental unit. The landlord can apply for a monetary order to withhold the security deposit for the cost of storing the tenant’s personal properties. Administration cost includes your time for administering the personal properties. In general, time is compensated at $20-$25 per hour, though there is no guideline as to what money the landlord’s time is worth.
In any case there is personal properties left behind, it is recommended that the landlord contact the tenant of the disposal date of the personal properties although not required. However, if the tenant or the tenant’s representative asks about the belongings, the landlord is obligated to advise the tenant of the status of the personal properties.