What should I do if a tenant has abandoned property?

The Act does not define abandonment. A landlord may enter without notice if it has reasonable grounds to believe the unit is abandoned (section 23(2)(b)), though the Handbook advises giving 24 hours' notice anyway, and the landlord must try to re-rent (section 27). For belongings (section 31 and Regulation 211, section 5), items the landlord reasonably believes are worth under $2,000 may be disposed of. Any item may be sold if storing it would be unsanitary or unsafe, would quickly destroy its value, or would cost more than a sale would bring. Everything else is stored for 30 days after abandonment, then sold at public auction or by private sale with court approval, and if nobody bids at auction the landlord may dispose of it.

The tenant gets belongings back by paying proper removal and storage costs. Sale proceeds pay the costs and any debts proved by affidavit; the surplus goes to the Minister for one year and then to the General Revenue Fund. We found no rule requiring notice to the tenant before disposal in the Act or the Regulation. The landlord must keep records for at least 3 years, and section 31 does not apply to goods left when a civil enforcement agency carries out an order of possession.

A tenancy ends if the tenant vacates or abandons the unit, and the landlord may enter without notice if it is abandoned. The rules for belongings are in Part 5 of the Residential Tenancy Regulation (sections 30.1 to 30.95), which changed on April 9, 2025; property abandoned before that date stays under the old rules. The landlord must take reasonable care of the property, store it safely for at least 30 days, keep an inventory and disposal records for 2 years, and tell the tenant on request what happened to it. The tenant can reclaim it by paying reasonable removal and storage costs and other amounts owed. Before disposing, the landlord must give notice of disposition at least 30 days ahead to anyone with a registered financing statement and anyone known to claim an interest, and publish it in a newspaper.

Property can be disposed of earlier if it is unsanitary or unsafe, worth under $1,000 in total, or if the costs would exceed the proceeds. Items with personal value, such as medical equipment, framed or personal photographs, and anything the tenant identified in writing, must still be stored for the 30 days. On a sale the landlord may keep removal, storage, advertising and disposal costs plus amounts owed, and the balance goes to the administrator under the Unclaimed Property Act. Unpaid rent and costs such as cleaning can be claimed through dispute resolution.

A unit is abandoned when the tenancy was not properly ended and either the tenant left and said they will not return, or the tenant does not ordinarily live there, has not said they will return, and the rent paid no longer covers what they owe. Before first entering, the landlord leaves a notice at least 24 hours ahead saying it believes in good faith the unit is abandoned and will enter at a stated time unless the tenant says otherwise. Without a response it may retake possession and change the locks. Abandonment ends the tenancy, but the tenant stays liable for future rent, subject to the landlord's duty to minimize its loss.

For belongings, items with no monetary value or that are unsanitary or unsafe to store can be disposed of. If storage would cost more than the sale would bring, the landlord can give them to a charity or dispose of them. Otherwise the landlord tries to contact the tenant, makes an inventory on Form 12 with copies to the director and the tenant, and stores the items for at least 60 days. Personal documents and photographs follow the same steps. After 60 days the landlord sells or disposes of the property as the director directs, keeps its costs and any compensation order owed, and sends the balance to the director, who holds it for 2 years. A landlord cannot hold a tenant's belongings for unpaid rent or damages, and seizing property for rent is banned.

The Act uses "abandoned" without defining it. A landlord may enter if the tenant reasonably appears to have abandoned the unit and may retake possession without an order only if the tenant has vacated or abandoned it; if in doubt, the safe route is an order of possession. A landlord must not seize a tenant's property or block access to it, except under a court or Office of Residential Tenancies order or the abandoned-goods rules. For belongings the landlord reasonably estimates at $1,500 or less, no order is needed, but before removing, selling or disposing of them the landlord must make reasonable efforts to find the tenant and be reasonably satisfied that the tenant cannot be found or has not made reasonable arrangements for the goods.

For belongings worth over $1,500, the landlord applies for a Property Disposition Order after the tenancy ends and up to a year later, and the order can be made without notice to the tenant. The application needs proof of contact attempts, an itemized list with values, any vehicle identification number and photos. We found no minimum storage period and no required written notice to the tenant. The landlord may keep amounts owed under an ORT order and sends the rest to the director for the tenant; unclaimed money goes to general revenue after six months. A landlord who disposes of goods improperly is liable.

The Act does not define abandonment, but a tenant who is not in arrears of rent has not abandoned the unit. A landlord who believes a unit is abandoned may apply to the Landlord and Tenant Board for an order ending the tenancy. Before dealing with the belongings, the landlord must either get that order or give notice of its intention to dispose of the property to both the tenant and the Board. Unsafe or unhygienic items can be disposed of immediately. Other items can be sold, kept or disposed of once 30 days have passed after the order or notice. If the tenant says within those 30 days that they will remove the property, the landlord must make it available, but may first require payment of arrears and reasonable moving and storage costs. If the tenant claims sold property within six months, the landlord pays over the proceeds minus costs and arrears.

If the tenant left under a notice, an agreement or a Board order, the landlord may dispose of what was left, and the Act sets no waiting period. The exception is a Sheriff's eviction: the landlord must wait 72 hours and make the property available between 8 a.m. and 8 p.m.

The Act and Regulation do not define abandonment. If the tenant has abandoned the unit, the landlord may enter without notice and take back possession, and it must still limit its losses. Unless the two agreed otherwise in writing, the landlord may remove belongings left behind and must store them in a safe and secure place, try to contact the tenant and record the attempt, and apply to a residential tenancies officer for a determination and directions, with an itemized list. The government tells landlords not to dispose of belongings while waiting for that direction. The officer may authorize immediate disposal of unsanitary or dangerous items. Items the officer finds worth under $500 can be disposed of once at least 10 days have passed since they were left. Items worth $500 or more can be sold or disposed of with the officer's authorization if they are worth no more than the tenant owes. If they are worth more, the officer stores them, notifies the tenant, and may have them sold at the end of the storage period, with at least 10 days' notice and a commercially reasonable sale.

Sale proceeds pay the costs and then the tenant's debt. A landlord cannot withhold belongings from the tenant, and gnb.ca says the landlord must release them even if money is owing. Disposing of belongings in a way the Act does not allow, or blocking the tenant from getting them, is an offence with a fine of $240 to $5,200. A tenant whose things were wrongly disposed of can apply for compensation within three months after they were left.

The Act and Regulations do not define abandonment. A landlord may enter without written notice if the tenant reasonably appears to have abandoned the premises, and must try to limit its losses. A landlord may not hold or dispose of a tenant's personal property except under a Director's order or as otherwise authorized by law. The landlord makes an inventory on Form A and files it with the Director, and sends the tenant a copy by registered mail, express post or courier to a known new address, by email if the lease gives an address, or otherwise to the next of kin's address on the lease. After 30 days from filing and mailing, the Director may authorize disposal of property worth $500 or less in total, by any method convenient to the landlord, or a public sale of property worth more than $500.

Property that is unsanitary or unsafe to store may be disposed of immediately, with Form A filed and mailed within 10 days. Property with no monetary value, or that costs more to store than a sale would bring, may also be disposed of immediately, and the landlord keeps the inventory for 1 year; that exception does not cover personal documents and photographs. After a sale, Form B is filed within 10 days. Proceeds pay rent owed first, then storage costs or damages, and the balance goes to the Public Trustee. A landlord who disposes of property against the rules risks being liable to the tenant for its value.

A tenant is considered to have abandoned a rental unit only if the tenant has moved out, the tenancy was not properly ended, and rent is overdue. At least 24 hours before entering to take possession, the landlord must post a notice in a conspicuous place stating its belief, its intention to enter, and the day and hour. If the tenant replies that the unit is not abandoned, the landlord must not enter. The landlord must mitigate its losses. Left-behind property must be stored safely, off site or on the property, for at least one month unless the Director orders a shorter period, and the landlord gives the Director an inventory and the tenant a copy if the tenant can be found.

The landlord may apply, without notice to the tenant, for permission to dispose of the property early if it has no value, if removing, storing or selling it would cost more than the sale would bring, or if storage would be unsanitary or unsafe. Within the month the owner can reclaim the property by paying reasonable removal and storage costs; on-site storage is charged at the lesser of public storage rates or the unit's rent. After the period the landlord may sell on the Director's terms, keep its costs and any Director-ordered compensation, and send the balance with a statement to the Director, who holds it in trust. A landlord may not seize abandoned property to cover unpaid rent.

A tenant is considered to have abandoned the premises only if the tenant has vacated, the rental agreement was not terminated in accordance with the Act or the agreement, and rent is overdue. The government's policy adds that paying rent late is not enough, and that a tenant who is hospitalized, incarcerated or away on an extended holiday has not abandoned. The landlord must post a notice in a conspicuous place at least 24 hours before entering, and may not enter if the tenant says the unit is not abandoned. The landlord must also try to limit its losses. Belongings must be stored safely, off site or in the unit, for at least 30 days counted from the day the landlord places them in storage, and the landlord gives an inventory to the director and to the tenant if the tenant can be found. The tenant can reclaim them within the 30 days by paying removal and storage costs.

After the 30 days the landlord may apply to the director for permission to sell. The director may also authorize disposal of items with no value, items that cost more to store than they would sell for, and items that are unsanitary or unsafe to store. If it is evident that items are garbage, the landlord may throw them out without asking. Sale proceeds, after the landlord's costs and any amount owed under an order, go to the director, and unclaimed money goes into the Consolidated Revenue Fund after one year. A landlord may never take a tenant's belongings to cover unpaid rent. None of this applies if the two agreed in writing about storage.