How to Handle Tenant's Abandoned Property in North Carolina
The rules North Carolina landlords must abide by when dealing with property abandoned by a tenant.
Often landlords find themselves on the short end of the stick not only repairing damage & cleaning up, but also having to deal with personal property that was left back. When it is obvious that the things left behind are garbage landlord is free to dispose of the items - things like left over cleaning supplies, food wrappers or broken furniture.
However disposing of items that have value be it sentimental, monetary, or medical—such as Scooters, furniture, medicine, or family heirloom is different ball game. North Carolina has specific laws for when and how landlords can dispose of a tenant's abandoned personal property.
How to Determine Whether the Property Is Abandoned
To decide what to do with property left in a unit landlord has to first be sure the property has actually been abandoned by the tenant. North Carolina law states landlords can consider a rental and the property within it abandoned:
When the lease or rental agreement has ended, with no notice of disability that has caused vacancy & clear evidence that the tenant has left for good.
If the lease or rental agreement hasn't expired: Landlord must post official notice in conspicuous places both inside & outside that they believe rental has been abandon and wait at least 10 days for response. or
after the successfully pursuing eviction through a writ of possession (eviction).
(See N.C. Gen. Stat. § 42-25.9 (2021).)
Getting Rid of Abandoned Property
Options available to a landlord in North Carolina getting rid of a tenants left behind property will vary depending on the circumstances of the abandonment.
If the property has a value of $750 or less & has been abandoned or left behind after an eviction: The landlord has the option to transport the property to a nonprofit that gives or sells furnishings or clothing to the underserved community in need. The nonprofit has to agree to hold the property for at least 30 days & release it to the former tenant if they claim it before then.
The notice must be posted where rent was received, the rental unit and have to mail a notice to the tenant’s last known address informing the tenant where the property is being stored. Alternatively, the landlord can deal with the property in one of the following two ways, depending on the value. (N.C. Gen. Stat. § 42-25.9(d) (2021).)
If the property has a value of less than $500 and has been left behind after an eviction: If the property left behind is valued at less than $500, the landlord must wait five days after the eviction to consider the belongings abandoned.
After those five days, the landlord is allowed to throw the property away. (N.C. Gen. Stat. § 42-25.9(h) (2021).)
If the property has a value of $750 or more and has been left behind after an eviction: The landlord must keep the property for seven days following the eviction (the landlord can move it and store it offsite if they want). During those seven days, the landlord must return the property to the former tenant if the former tenant asks for it. If the landlord wants to sell the property, the landlord must give the former tenant a seven-day notice of sale. The seven days can run simultaneously with the seven days after the eviction. The notice must be mailed to the former tenant's last known address and has to include the date, time, and place of where the sale will happen, as well as statements that:
the landlord will apply the proceeds of the sale to unpaid rent, damages, storage fees, and sale costs
the former tenant can claim any surplus funds from the sale within seven days of the sale, and
eight days after the sale, the landlord will deliver any surplus funds to the government of the county where the property is located. (N.C. Gen. Stat. § 42-25.9(g) (2021).)
See (N.C. Gen. Stat. § 42-25.9 (2021).)
Refer to Terms of the Lease
While North Carolina law sets the minimum you as a landlord are able to write in your lease extensions of these time frames. Be sure to refer to your lease before you get rid of any property. Remember North Carolina law is the minimum, your lease may NOT shorten these time frames but can extend them for example, the lease could require the landlord to store the property for 14 days (not 5 or 7 days) before disposing of it.
Once you're cleared out
Now you will have to decide what to do with your newly vacant property. You have 4 options
Let a relative live in it
Sell It (traditionally or for cash)…
Click the link to see the other two options: 4 Things You Can Do With Your Vacant Property