NL abandoned belongings, disposal and sale permissions

First distinguish an abandoned unit from belongings left behind

Section 31 of Newfoundland and Labrador's Residential Tenancies Act, 2018 addresses when a landlord can take possession of an abandoned rental unit. Section 32 separately governs personal property left at premises after a tenant has abandoned or vacated. One does not erase the obligations in the other.

A tenant is considered to have abandoned a unit under section 31(2) where the tenant has vacated, the agreement has not been properly terminated, and rent is overdue. A pile of belongings or a temporary absence alone does not establish those conditions.

Before a landlord takes possession of an abandoned unit

1. Verify and document the circumstances supporting all three statutory abandonment conditions, including the rent ledger, tenancy status and evidence of vacancy.
2. At least 24 hours before entry, post a notice conspicuously at the premises stating the landlord's belief that the tenant abandoned the unit, the intention to enter unless the tenant says otherwise, and the intended day and hour of entry.
3. Use the province's Landlord's Notice of Abandonment and keep dated proof of posting.
4. If the tenant notifies the landlord before the stated entry time that the unit has not been abandoned, section 31(4) prohibits entry under this abandonment procedure. Resolve the tenancy dispute through the appropriate process.

Changing locks immediately because rent is late is not the same as complying with section 31.

Belongings must be stored safely for at least 30 days

Where a tenant leaves personal possessions after vacating or abandoning, section 32(1) requires the landlord either to place them immediately in safe storage or to store them safely at the premises. The usual minimum period is 30 days, unless the owner claims the property sooner.

At the earliest reasonable opportunity, the landlord must give the director an inventory and give a copy to the tenant if the tenant can be located. Take clear photographs, record item descriptions and condition, and retain evidence of storage arrangements. A written agreement with the tenant about storage may engage the exception in section 32(5).

Can belongings be discarded or sold?

Early disposal: under section 32(4), a landlord may apply to the director for authorization where property has no monetary value, storage or sale would cost more than its proceeds, or storing it would be unsafe or unsanitary. Do not decide unilaterally that an item has no value and dispose of it immediately.

After 30 days: if the owner has not reclaimed the property, section 32(9) permits sale subject to terms and conditions set by the director. Use the official Application to Sell Personal Property or the disposal application when applicable.

A landlord cannot keep or seize a tenant's property merely to settle overdue rent: section 33 specifically prohibits taking personal property as compensation for a tenant's breach.

Reclaiming belongings and storage costs

The tenant or another owner may reclaim stored property during the 30-day period by paying the landlord's reasonable removal and storage costs under section 32(6). If the property is stored in the rental unit, section 32(7) caps the applicable storage cost at the lesser of the standard public-storage rate or the unit's rental rate. If the property is reclaimed, the landlord must notify the director promptly.

When an authorized sale occurs, section 32(10) limits what a landlord may retain from the proceeds to reasonable removal, storage and selling costs plus amounts necessary to satisfy a director's compensation order. The remainder and a written account must be delivered to the director. This is not an unrestricted sale-for-rent process.

Practical records and related guides

• Rental agreement, rent ledger and evidence of vacancy or communication with the tenant.
• Copy and dated photograph of the posted abandonment notice.
• Inventory submitted to the director and copy sent to the tenant, when locatable.
• Storage location, photographs, receipts, retrieval requests and any written storage agreement.
• Any director authorization, sale conditions, receipts and accounting for proceeds.