In general, items which are abandoned or lost will go to the finder, unless the find is made at an owner-occupied residence. A Mislaid items usually belong to the possessor of the place where the item is found. If an employee finds an item in the course of his employment, it belongs to the employer. A finder is a bailee, with a duty to care for the found item. While the doctrine of abandoned property typically only applies to personal property, U.
Under the Abandoned Shipwreck Act of , 43 U. In turn, the U. The tenancy can end 1 with a tenancy termination notice, 2 when the rental agreement term expires, or 3 when the tenant relinquishes or abandons the rental property which can also be when the only tenant dies. In all three circumstances, the landlord must determine whether the tenant has, in fact, vacated the rental premises.
If so, the landlord must then determine whether it reasonably appears under all the circumstances that the tenant has left personal property on the premises with no intention of asserting any further claim to the premises or to the personal property.
In this case, the landlord does not need to wait for seven days to see if the tenant returns. Regardless of the way in which the belongings were abandoned, the landlord cannot dispose of them until after meeting several important requirements.
The only exception from these requirements is if the landlord and the tenant agree in writing no more than seven days before the tenancy ends, or after the tenancy is over. If you are a landlord, your first responsibility is to give the tenant a written abandonment notice explaining that his or her belongings are considered abandoned and have been safely stored. The notice must explain that the tenant must contact you within 5 days after personal delivery of the notice or 8 days after mail delivery of the notice to arrange for removal of the belongings, or else you may sell them or throw them away.
The time period is 45 days for abandoned recreational vehicles, manufactured dwellings and floating homes. The abandonment notice must also tell the tenant how to contact you, and that you will make the belongings available for removal by appointment at reasonable times.
The notice must explain that, under certain circumstances, there could be a storage charge the tenant must pay.
The same kind of notice must go to any lien holder or holder of title on these kinds of property, and to the county tax assessor and tax collector in the county where the abandoned manufactured dwelling or floating home is located. Under certain circumstances the county is required to cancel personal property taxes owed on some abandoned manufactured dwellings that are sold to a person who intends to keep the dwelling in the facility where it is located to occupy as a residence.
The landlord must either have the abandonment notice personally delivered to the tenant or sent first class mail to the tenant at all three of the following locations: the rental unit, any post office box the landlord knows about, and the most recent forwarding address known to the landlord.
The landlord must keep a written record of the entire disposal process for two years after getting rid of the items. The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: June 3, Contact the Residential Tenancy Branch. Comments will be sent to 'servicebc gov. Enter your email address if you would like a reply:. The information on this form is collected under the authority of Sections 26 c and 27 1 c of the Freedom of Information and Protection of Privacy Act to help us assess and respond to your enquiry.
Questions about the collection of information can be directed to the Manager of Corporate Web , Government Digital Experience Division. I consent. Skip to main content Skip to main navigation Skip to side navigation Accessibility Statement. Section Navigation. Tenant Notice. Landlord Notice. Moving Out. Returning Deposits. Ending a Tenancy in Special Circumstances.
Items Left Behind.
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