Handling a Tenant's Abandoned Property in Georgia

Most states have laws governing what happens when a tenant moves out and leaves personal property behind. These laws may control matters such as how long you must wait before dealing with the property and what kind of notice, if any, you must give the tenant before taking action. Here are answers to common questions about handling a tenant's abandoned property in Georgia.

If a tenant leaves property behind, can I dispose of it as I see fit or are there rules I must follow?

In Georgia, what you must do depends on how the tenancy ended.

Planned moves

If a tenant moves out at the end of a lease and returns the key, Georgia law does not say what you must do with property left behind. If the items are garbage, you can throw them out. For other belongings, the common sense approach is to contact the tenant and try to return the property, especially if you believe the tenant accidentally left something of value. If it costs you anything to remove the tenant's property, you can hold the funds back from the security deposit.

Evictions

You must take specific steps to deal with a tenant's abandoned property after winning an eviction lawsuit. To learn the rules, see Handling a Tenant's Property in Georgia: After an Eviction.

Unannounced departures

If you believe a tenant has abandoned a rental unit, the Georgia Landlord Tenant Handbook (published by the State of Georgia Department of Community Affairs) suggests that you wait until rent is past due, then file an eviction lawsuit. After you have a court order giving you back the rental unit, you can dispose of the tenant's belongings without worry, following the rules for evictions.

I know the tenant abandoned the rental unit and I don't want to get a court order. What should I do with the tenant's personal belongings?

If you don't get a court order officially giving you possession of the rental property, it's smart to take the following steps before disposing of belongings left behind:

1. Prepare an inventory of the abandoned personal property, including a detailed list of the items and photographs to document each item's condition.
2. Move the property under the supervision of a neutral witness -- such as a neighbor who isn't involved in any disputes you may have with the tenant -- and store the tenant's property in a safe place.
3. Write a letter to the tenant letting them know what and where the property is, and that you will dispose of it after a certain date if they don't reclaim it.

For additional guidance on preparing a letter for the tenant, see Handling a Tenant's Abandoned Property: Legal Notice Requirements.

When should I get a lawyer's help?

If you think the abandoned property is very valuable or if you have any reason to believe the tenant may cause problems later, talk to a lawyer before you do anything other than carefully store the tenant's possessions. A good lawyer can help you protect yourself from claims that you have stolen or improperly destroyed a tenant's property.

You can search for an experienced landlord-tenant attorney in Georgia using Nolo's Lawyer Directory.

Learn more

To find out more about Georgia landlord-tenant law, you can download the Georgia Landlord Tenant Handbook from the Georgia Department of Community Affairs website.

For more information about your rights and responsibilities as a landlord, see the Landlords section of Nolo.com, including the article Top 8 Landlord Legal Responsibilities in Georgia.

If you want a comprehensive legal and practical handbook for residential landlords, check out Every Landlord's Legal Guide, by Marcia Stewart, Ralph Warner, and Janet Portman (Nolo).