Tips for a Commercial Landlords Dealing with Abandoned Tenant Property in Massachusetts

Commercial landlords in Massachusetts may occasionally find themselves dealing with property left behind by tenants who have vacated their premises, either voluntarily or through eviction. While it may seem straightforward to remove and dispose of these belongings, the legal framework surrounding abandoned tenant property requires careful navigation to avoid potential liability. Understanding the proper procedures can help landlords manage these situations efficiently and in compliance with Massachusetts law.

Understanding Abandoned Property

Abandoned property refers to any personal belongings that a tenant leaves behind after moving out of a leased commercial space. This can range from furniture and equipment to documents and inventory. The manner in which the tenant vacates—whether through an orderly departure or an unexpected disappearance—as well as the specific terms of the applicable lease affects how a landlord should proceed.

Distinguishing Between a Documented Departure and an Unconfirmed Vacancy

• Documented Departure: If a tenant provides clear communication of their intent to vacate (e.g., returning keys, written confirmation via email or letter), a landlord can generally treat remaining items as abandoned and may remove them. However, landlords should exercise caution with items that appear to have significant value.  It is important for landlords to communicate clearly with tenants and confirm the tenant’s intent to abandon any property that has been left in the premises.
• Unconfirmed Vacancy: If a tenant vacates without notice, leaving behind property, the landlord must follow legal procedures to establish abandonment before disposing of or repurposing the items.

The Legal Process for Handling Abandoned Property

If a commercial tenant disappears or leaves belongings behind without clear communication, the landlord should take the following steps:

1. Obtain Legal Possession: If uncertainty remains regarding the tenant’s intent, landlords may need to complete eviction proceedings to formally regain possession of the property.
2. Provide Notice to the Tenant: Before taking action, landlords should notify the tenant in writing, outlining the intent to remove the abandoned property if it is not claimed within a specified period.
3. Document the Condition and Contents: Create an inventory of the abandoned items, take photographs, and keep detailed records to mitigate potential disputes.
4. Storage and Disposal: Depending on the nature of the property and the terms of the lease, the landlord may need to store potentially abandoned items for a legally appropriate duration before selling, donating, or disposing of them.

Storage and Disposal Considerations

The requirements for storing or disposing of potentially abandoned commercial tenant property are fact specific and a landlord should consult with legal counsel before proceeding in any particular instance.  As a general rule of thumb, best practices suggest:

• Providing a Reasonable Timeframe for Retrieval: Typically, landlords allow former tenants a set period of time to reclaim their belongings, the length of this period will depend on the specifics of a particular situation.  Specific regulations exist for certain circumstances including operators of self-storage facilities.
• Storing Items Securely: If items appear valuable, storing them in a commercial storage facility may be required, with associated costs charged to the tenant.
• Selling or Disposing of Unclaimed Property: If a tenant fails to retrieve their belongings after the landlord has completed the appropriate steps to reclaim the premises and notice the tenant and has stored the property for an appropriate period of time, the landlord may sell, donate, or discard the items. Any proceeds may be used to offset unpaid rent or disposal costs.

Avoiding Self-Help Eviction

Massachusetts law prohibits landlords from removing tenants or their belongings without proper legal procedures. Even if a space appears abandoned, taking unilateral action—such as changing locks or disposing of items prematurely—can expose landlords to legal risks. If in doubt, landlords should seek legal guidance before proceeding.

Considerations for Lease Agreements

To minimize disputes over abandoned property, landlords should consider including specific provisions in their lease forms addressing common issues relating to the end of a tenancy including (i) tenant responsibilities upon vacating the premises, (ii) notice requirements for abandoned property, (iii) timeframes for retrieval and disposal procedures, and (iv) tenant liability for storage and removal costs.

Conclusion

Handling abandoned tenant property requires careful adherence to legal procedures to avoid unnecessary disputes and potential liability. When in doubt, Landlords should move carefully, communicating clearly with the tenant and allowing the tenant an appropriate opportunity to reclaim any potentially abandoned property.  By following proper notice and documentation practices, landlords can efficiently manage these situations while remaining compliant with Massachusetts law. Consulting a lawyer can provide additional clarity and protection.