WHEN A TENANT WALKS AWAY: WHAT LANDLORDS MUST KNOW ABOUT ABANDONMENT & LEFT-BEHIND ITEMS

You pull into the driveway. The lawns are overgrown. The blinds are shut. The tenant’s car is gone. Inside? Silence. The fridge is empty and the bed’s stripped—but the house isn’t clean, and there’s stuff everywhere.

Has the tenant abandoned the property? Can you change the locks? Can you throw their stuff out?

These are common—and costly—questions for landlords. Get it wrong, and you could face a Tribunal order to pay compensation. At Good Neighbours, we help you get it right.

WHAT COUNTS AS ABANDONMENT?

According to the Residential Tenancies Act:

• A tenancy is not automatically terminated just because the tenant appears to have moved out.

• If a tenant is missing but still has personal items at the property, the landlord must apply to the Tenancy Tribunal to confirm abandonment before ending the tenancy.

There is a formal abandonment process under Section 61:

1. You believe the tenant has left with no intention to return.

2. You apply to the Tenancy Tribunal for confirmation.

3. If granted, the Tribunal can issue an order to terminate the tenancy.

You cannot simply assume and take over the property.

WHAT YOU CAN’T DO

• Change the locks without a Tribunal order

• Dispose of furniture or belongings left behind

• Re-rent the property while a tenancy is still legally active

Doing so could be classed as unlawful entry, illegal eviction, or unlawful disposal of goods, each carrying potential exemplary damages.

WHAT YOU CAN (AND SHOULD) DO

Document Everything:

• Take photos of the property and remaining items

• Note signs of abandonment (e.g. unpaid rent, no power use, no response to contact)

Try to Contact the Tenant:

• Phone, text, email — log all attempts

• Leave a notice at the property requesting contact

Apply to the Tenancy Tribunal under Section 61:

• They will assess the situation and can end the tenancy if abandonment is confirmed

Only Dispose of Belongings after Approval:

• If the Tribunal allows, follow the disposal process under Section 6

WHAT HAPPENS TO LEFT-BEHIND ITEMS?

Once the tenancy has legally ended, you still can’t just toss out items:

• If goods appear valuable, you must store them for at least 35 days

• You must notify the tenant of their right to collect

• If they don’t respond, you can sell or dispose of the goods and deduct costs from the proceeds

If the goods are clearly low-value (e.g. broken chairs, stained mattresses), you may dispose of them sooner—but documentation is key to protecting yourself.

HOW GOOD NEIGHBOURS HANDLES IT

Our Property Managers:

• Know the legal process for abandonment and goods disposal

• Apply to the Tribunal quickly when a property is suspected to be abandoned

• Keep a photo record of all left-behind items

• Follow correct timeframes and storage rules

• Protect our landlords from accidental legal breaches

FINAL WORD

Tenant abandonment is stressful—but it’s also risky if handled the wrong way. Don’t rush to clear out the property or re-let it. The Tribunal has strict processes in place for a reason, and skipping steps can cost landlords time, money, and reputation.

At Good Neighbours, we take care of the legal process so your property is re-let the right way—clean, secure, and compliant.