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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

62A: Disposal of abandoned goods following assessment of market value

You could also call this:

“A landlord can sell or get rid of things left behind by a tenant after checking how much they're worth.”

If you’re a landlord and your tenant has left behind some belongings, here’s what you need to do:

First, you need to figure out how much the items are worth. You can do this by making a reasonable effort to assess their market value. This doesn’t include personal documents, which you’ll need to handle differently.

If you find that some items are worth less than it would cost to store, move, and sell them, you can get rid of these items right away in any way you choose.

For items that are worth more than the cost of storing, moving, and selling, you must keep them safe for at least 35 days from when you first took them.

If your tenant comes back to claim their things before you get rid of them, you can ask them to pay for the storage costs. You must then give them back their belongings and any personal documents. Your tenant needs to give you a receipt for the items they take back.

After 35 days, if no one has claimed the items or documents, you have two choices. You can either keep storing them safely in case the tenant comes back, or you can take action. If you choose to take action, you need to take any personal documents to the nearest police station and get a receipt. For the other items, you can sell them at a fair price, either at auction or privately.

If you do sell the items, you can ask the Tenancy Tribunal to decide if you should keep any of the money from the sale.

Remember, these rules are part of the law to make sure both landlords and tenants are treated fairly when a tenancy ends and items are left behind.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3280861.

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62: Goods left on premises on termination of tenancy, or

“What happens to stuff you leave behind when you move out of a rented home”

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62B: Disposal of abandoned goods in accordance with Tribunal order, or

“Rules for what happens to things left behind by tenants when they move out”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

62ADisposal of abandoned goods following assessment of market value

  1. The landlord may deal with the goods to which section 62(3) applies, other than personal documents belonging to the tenant, by making all reasonable efforts to assess the market value of those goods.

  2. If the assessment under subsection (1) indicates that any of the goods have a value below the cost of storing, transporting, and selling them, the landlord may immediately dispose of those goods in any way the landlord thinks fit.

  3. If the assessment under subsection (1) indicates that any of the goods have a value above the cost of storing, transporting, and selling them, the landlord must secure those goods in safe storage for not less than 35 days from the date on which the landlord first took possession of those goods.

  4. If, before the landlord disposes of the goods under subsection (5), the tenant claims the goods and any personal documents belonging to the tenant or claims either the goods or the documents,—

  5. the landlord may require the tenant to pay the landlord’s actual and reasonable costs arising out of the storage of the goods; and
    1. the landlord must release to the tenant any goods and personal documents claimed by the tenant, subject to payment of any costs required under paragraph (a); and
      1. the tenant must give the landlord a receipt for any goods and personal documents released to the tenant.

        1. If, after the period of 35 days specified in subsection (3), the goods or any personal documents belonging to the tenant remain unclaimed, the landlord must—

        2. continue to secure those goods and personal documents in safe storage to await any claims by the tenant under subsection (4); or
          1. do the following:
            1. take any personal documents belonging to the tenant to the nearest Police station and obtain a receipt for them from a Police employee; and
              1. sell the other goods by public auction or by private contract at a reasonable market price.

              2. If the landlord has sold the goods under subsection (5)(b)(ii), the landlord may apply to the Tribunal for an order specifying the amount (if any) owing to the landlord out of the proceeds of sale.

              Notes
              • Section 62A: inserted, on , by section 44 of the Residential Tenancies Amendment Act 2010 (2010 No 95).