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:

"What happens to your stuff if you leave it behind when you move out of a rental property?"

Illustration for Residential Tenancies Act 1986

When you leave a rental property, you might leave some things behind. The landlord will try to work out how much these things are worth. If they are not worth much, the landlord can get rid of them. If the things are worth something, the landlord must store them safely for at least 35 days. You can claim your things back during this time, but you might have to pay for the cost of storing them. The landlord will give you your things back if you claim them and pay any costs. If you do not claim your things after 35 days, the landlord can either keep storing them or sell them. If the landlord sells your things, they can ask the Tribunal for an order to say how much money they should get from the sale. The landlord must take any personal documents to the Police station and get a receipt for them.

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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 your stuff when you move out of a rental property?"


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

"What happens to stuff left behind by a tenant"

Part 2Tenancy 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).