Proper Disposal of Abandoned Personal Property

By Kyle Cirac

When a tenant vacates a rental property, they occasionally leave behind items of personal property.  Landlords often question what the procedures are for properly disposing of their former tenant’s personal property.  The Nevada Revised Statutes specify the correct manner of disposal of abandoned personal property.  The following information pertains to dwellings under chapter 118A of the Nevada Revised Statues.  For information on commercial properties, refer to chapter 118C of the Nevada Revised Statutes.

The first issue to consider is whether the items in question are abandoned property.  Abandoned property is any property that remains at the premises after termination of the tenancy, unless the tenant has expressed an intent to return for the property (NRS 118A.030).  If the tenant has vacated the premises, but informed the Landlord that he or she would return to claim their personal property next week, the property cannot be considered abandoned.  Usually, abandoned personal property will include items such as furniture, clothing, tools, electronics, or photographs.  Other items that are clearly trash such as food wrappers or empty bottles may be disposed of immediately.  Vehicles are considered separately and must be disposed of as provided in chapter 487 of the Nevada Revised Statutes.

Only after determining that property is abandoned may a landlord proceed to the next step.  The landlord must reasonably provide for the safe storage of the personal property for 30 days.  The property does not have be stored inside the rental premises, so long as it is in a safe and secure location.  The landlord may, but is not required to, charge the tenant for the reasonable and actual cost of inventory, moving, and storage prior to releasing the property (NRS 118A.460).  It is advisable for the landlord to inventory any abandoned personal property by taking photographs, keeping a detailed list of any items, and maintaining records of any charges associated with inventory, moving, or storage.  The landlord should provide the tenant with an itemized written notification of any costs as soon as they have been determined if the landlord intends to charge the tenant for these costs.

If the tenant does contact the landlord to claim the property, the landlord may only release the property to the tenant or his or her authorized representative.  If the person claiming the property does not have the authority to claim the property for the tenant, the landlord should not release the property.  An individual that qualifies as an authorized representative of the tenant must be able to produce acceptable documentation evidencing his or her authority to act of behalf of the tenant (e.g., an authorization signed by the tenant in presence of a notary, a power of attorney, Letters Testamentary, or Letters of Guardianship).

After the 30 day period has expired, the landlord must notify the tenant in writing of their intent to dispose of the property.  The notice must be mailed to the tenant at the tenant’s present address, or if the landlord is unable to acquire the tenant’s present address, at the tenant’s last known address.  The landlord must make reasonable efforts to locate the tenant.  The landlord must then wait 14 days after written notice was given to the tenant to dispose of the property without incurring civil or criminal liability.

In the event a landlord charges the tenant for the cost of inventory, moving, and storage of personal property, a tenant may file a motion to dispute the amount of the costs if they reasonably believe that the costs are excessive.  The motion must be filed within 20 days after the tenant: (1) has been ordered to vacate the premises; (2) has abandoned the premises; or (3) the tenant has vacated or been removed and a copy of the charges has been requested by or provided to the tenant (NRS 40.253).

Although the Nevada Revised Statutes provide certain time frames for disposing of abandoned personal property, a lease or rental agreement may also address the issue.  Take note that when drafting such a provision, the time frame may not be shorter than that required by NRS 118A.460.  If you still have questions concerning how to properly dispose of abandoned personal property, consult a lawyer to discuss your obligations.

            * The foregoing information is of a general nature.  Landlords and tenants should contact their legal counsel with questions for advice concerning specific situations.