Belongings left behind by a tenant: what you can do with them
Belongings left behind by a tenant still belong to the tenant. The landlord can’t throw them away, sell them or hold on to them by force. What the landlord can do is make an inventory, ask the former tenant to collect everything by a set date and store the items until then. The usual scenario goes like this: the tenant moves out without a word, leaving furniture and boxes behind, and sometimes unpaid rent as well. Below I explain what to do, in what order, and what not to do on your own.
Belongings left behind by a tenant: has the tenancy really ended?
Start by checking whether the lease has expired or been validly terminated. Everything else depends on this. If the tenancy ends with notice of lease termination, check two things: whether the notice was delivered and whether the notice period has passed. Keys returned, personal items gone, no answer on the phone? That suggests the tenant has left the flat. But it doesn’t always prove it.
Is the tenant still living in the flat or saying they’ll come back? Then it’s a matter for a lawyer, because it may come down to eviction, and clearing the flat yourself is off the table. One more thing. Until you are sure about the status of the lease, don’t change the locks and don’t go inside.
How to make an inventory of the tenant’s belongings after they move out
An inventory protects you from claims that something went missing or got damaged, so make it the first time you enter the flat. Here’s how to make it hold up later:
- Write down the date and time you entered the flat.
- Bring a witness, ideally someone who isn’t family.
- Take photos and video of every room before you move anything.
- List the items with a description of their condition, e.g. a scratched worktop or a cracked glass pane in a display cabinet.
- Sign the inventory together with the witness.
Don’t open sealed boxes without a witness. In fact, you don’t need to open them at all, it’s enough to describe them as sealed. It’s a good idea to combine the inventory with the flat handover document, the handover report at move-out. You can keep both documents and the photos in the property file in Tenanto, next to the lease and its amendments.
Notice to collect belongings: what to include and how to send it
A written notice gives the former tenant a real chance to get their things back, and gives you proof that you acted in good faith. What it should include:
- the details of both parties and the address of the flat,
- a reference to the inventory you made, ideally with a copy attached,
- a reasonable collection deadline, given as a specific date,
- how to arrange the collection, e.g. by phone or email,
- a statement that the belongings are being stored until then.
Send it by registered mail with proof of delivery to the last known address. Did you and the tenant use email or text messages? Then send the notice through those channels too. Keep a copy of the letter and the proof of posting. Also, the law doesn’t set one mandatory deadline. That’s why it has to be realistic, not symbolic (three days to collect a wardrobe from the other end of Poland probably isn’t it).
Storing the former tenant’s belongings until collection
Until the collection date, the landlord stores the belongings so they don’t get damaged. The simplest option is to put everything in one room, or in a basement or storage unit that comes with the flat. And what if you need to rent the flat out again quickly? You can move the items to a rented storage unit and note in the inventory what went where.
Moving them follows the same rules as the inventory: a witness, photos before and after, sealed boxes. Keep the receipts for storage and transport, because storage costs may later go into the final settlement with the tenant. Whether and to what extent you can recover them is a question for a lawyer.
The landlord’s statutory lien: what Article 670 of the Civil Code really gives you
Under Article 670 of the Polish Civil Code, which you’ll find in the current consolidated text of the Civil Code, the landlord has a statutory lien on the tenant’s movable property brought into the flat. It secures rent and additional charges that are no more than one year overdue. It doesn’t cover items that are exempt from seizure.
This is where many landlords get it wrong. A lien is security, not a right to sell or take the furniture for yourself. To recover money from these items, you have to go through the proper legal route, so you start by talking to a lawyer. In my view, recovering unpaid rent amicably often works faster, and damage to the flat is covered by keeping the deposit.
Can you throw away a tenant’s belongings? What not to do on your own
No. Getting rid of someone else’s property without authority exposes you to damages claims and other legal liability. On your own, you must not:
- throw the items away or take them to a scrapyard or a municipal waste collection point (PSZOK),
- sell them or give them to friends,
- use the former tenant’s furniture and appliances,
- hold on to the items by force or refuse to hand them over when asked,
- make it difficult for the tenant to collect them when they get in touch.
The practical exception is perishable food and ordinary rubbish. Describe and photograph them before removing them, and if in doubt, ask a lawyer. Borderline cases go to a lawyer too: no contact for a long time, high-value items, a dispute over who owns what. You’ll find more rental topics in the practical tips for landlords section.
So there you have it. Belongings left behind by a tenant call for an inventory, a notice, storage and patience, not a quick clear-out. Each of these steps leaves a paper trail that will come in handy if the former tenant comes back with complaints.
Frequently asked questions
The law doesn’t give one simple deadline. Set a reasonable deadline in the notice to collect and document every step. If the tenant doesn’t respond, consult a lawyer on what to do next.
The landlord’s statutory lien secures rent that is no more than one year overdue. But it doesn’t let you sell or take over the furniture yourself, that requires going through the legal route. Before you do anything with it, talk to a lawyer.
Keep proof that you sent the notice and continue storing the belongings in a documented way. Try other known channels, e.g. email or the messaging app you used to talk before. Before making any decision about what happens to these items, see a lawyer.
