Legally Speaking Q&A: Storing Tenants Property

By Mark Zinman | Zona Law 

Question: I know I am supposed to hold a tenant’s property for 14 days after I get possession back. Are there any exceptions to this? 

Answer: Yes, there are cases where that storage time isn’t necessary, but before we answer, we must first clarify that when it comes to storing a tenant’s property, you must do so for 14 business days, not 14 calendar days, and you can only donate or sell them after the 14 days expire, you can’t just trash them out. Now, as to the exceptions - you don’t have to store items if a tenant returns the keys to you. This is also true if the tenant passes away, and it’s the emergency contact that returns the keys to you. When the keys are returned, you can dispose of the items. Further, if there are items that are “contaminated, may be considered a biohazard or poses a health and safety risk,” they can be disposed of at the landlord’s discretion. Finally, if there are animals, you can always follow the statute and act earlier than 14 calendar days, to get the animals into a new place.