Tenant Property Left Behind
by: Montana Legal Services Association (MLSA)
What happens to personal property left behind when you move?
If you leave your belongings behind in your apartment or house after you move out and at least 5 days have passed, and the landlord believes you've abandoned those belongings, the landlord may move and store your things somewhere else. Your landlord may assume you have moved out if you have already returned your keys to him, if you have had the power turned off in the rental unit, or if you have stopped paying your rent.
The landlord should list and store your belongings and take reasonable care of them. The landlord can charge a storage fee for moving and storing your property. The landlord may store the property in a commercial storage unit or other safe place.
Once the property is in storage the landlord shall:
- make a reasonable attempt to notify you in writing that you need to come and get your property;
- send a notice by certified mail to your last-known address, stating that at a specific time, not less than 15 days after mailing the notice, the property will be disposed of if not removed;
- notify the local law enforcement office of the property held by the landlord; and
- make a reasonable effort to determine if the property is subject to a lien held by a creditor
Can the landlord throw away my personal property?
If the landlord has done the four items listed above, he can dispose of the property by:
- selling all or part of the property at a public or private sale; or
- destroying or throwing away all or part of the property if he believes that the cost of storage or sale is more than the value of the property.
The landlord may pay for the cost of storage, notice and sale with the money made from the sale of your property. This can also cover any rent or money damages you owe. The landlord must give you the rest of the proceeds from the sale, if any, together with a statement of what was sold and for how much. If the landlord cannot find you, the remaining proceeds shall be given to the county's treasurer. If this money is not claimed within 3 years, it shall be given to the general fund of the county.
What should I do if I receive notice from a landlord that he has my property?
You should respond immediately and in writing. If you do not remove the property within 7 days after your response, your landlord can assume that you have abandoned your property.
If you go to retrieve your belongings from the landlord, he can charge you a reasonable storage fee or the actual cost of a storage unit. A landlord is entitled to payment of the storage costs before you remove the property.
Note: The landlord is not responsible for any loss to you resulting from storage unless the landlord intentionally or negligently damages the property.
Can the landlord hold personal property for back rent owed to him?
No. If you owe the landlord back rent, she can sue you for it. However, the landlord cannot keep your personal property in exchange for rent owed.
Revised 10/01
Call the MLSA HelpLine for legal assistance:
(800) 666-6899
Montana Legal Services Association
616 Helena Avenue, Suite 100
Helena, Montana 59601
(406) 442-9830
(800) 666-6124
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