A tenant eviction can be emotionally and financially draining. However, sometimes it may be the only option you are left with. 

When they finally move out after a court order, you can have a sigh of relief knowing you won’t have to deal with them ever again. That said, there may still be another headache left to deal with even after they have moved out – their belongings!

And if they have, removing tenants’ personal belongings after an eviction can be a bit complicated. It isn’t as easy as just throwing it away, regardless of its value. Under Nevada law, landlords must abide by certain responsibilities when it comes to disposing of a tenant’s belongings after eviction. 

Including, notifying them of their belongings, giving them a fair chance for retrieval, and disposing of the items in a particular manner. Failure to follow these rules can result in severe legal and/or financial repercussions. 

That’s why in today’s blog, we’ll walk you through everything you need to know regarding the procedure to take.

Reason for Leaving

To know what action to take after a tenant leaves their possessions behind, you must remind yourself of the reason for the eviction. This will then provide the exact process you’ll need to follow.

Remember, to evict a tenant from their rented apartment, you must have a ‘just cause’. You cannot evict a tenant for just any reason other than that prescribed under law. In Nevada, common reasons for tenant eviction include the following:

• Failing to pay rent
• Failure to move out after the lease is over
• Violating a term of the lease

Landlord Responsibilities Under Nevada Law

Nevada law grants landlords certain responsibilities when it comes to dealing with tenants’ possessions after an eviction. You must notify the tenant of the following within 5 days of them moving out:

• That they left some personal property behind. The property can include things like medication, clothing, furniture, personal care items, and baby formula.
• You’re only legally responsible for storing the items for 30 days after the eviction.
• You have a right to move the items to a storage facility. The facility must, however, ensure the tenant’s belongings are safe and secure from theft and the elements.
• You have a right to dispose of the items after the 30 days have lapsed.

In the notice, you must also mention other details as well. Including, the description of the items, their approximate value, the amount owed by the tenant, and your right to dispose of them after the 30 days are over.

After the expiry of the 30 days, you could sell the tenant’s belongings or dispose of them in any other manner you find suitable.

You could contact local law enforcement for any help you may need in removing the tenant’s belongings from your property after they move out.

You may use the proceeds of the sale to cover part or all of the money owed to you by the tenant. Including the cost of moving and storing the property. Any money left over is the tenant’s. You’re to hold it in trust and return it to them upon request.

Storing a Tenant’s Belongings

After you’re done evicting them from the property, you may not know what to do with their possessions. This is especially true if the belongings the tenant left behind are a lot.

The following are the storage procedures you must follow:

• Remove trash. This can include things like expired medications, empty food containers and packaging, perishable food, old newspapers and magazines, empty bottles and cans, and personal hygiene products.
• Jot down the inventory after getting rid of anything that is clearly trash. In addition, take photos and even videos to further protect yourself against any possible accusations from the tenant.
• Store the items somewhere within the property or hire a storage facility.
• Notify the tenant of their abandoned property and their right to retrieval within a particular period.

Disposal of a Tenant’s Belongings

Keep the following tips in mind when disposing of the tenant’s belongings:

• If the items left behind include a car, make sure to report it to the local police department as abandoned property.
• Use any proceeds you get from the sale of the tenant’s belongings to cover your costs. This could be any money owed to you, such as rent due, the cost of fixing careless property damage, or the costs of storing the property in a rented facility.
• If after the sale of the property, the money exceeds what the tenant owes you, you are to hold in trust for a ‘reasonable period.’ It’ll then be upon the tenant to request it from you.  

How to Protect Yourself as a Landlord

Fortunately, there are several things you could do to protect yourself against potentially difficult tenants. Key among these is ensuring you screen all prospective tenants meticulously before they sign the lease.

When screening prospective tenants, go beyond the basics of just checking the tenant’s credit and income level. Also, require the tenant to provide you with some references, including prior landlords and current employer. 

Alternatively, hire a property manager like B&R Property Management to help you handle the tenant selection exercise for you. A good property manager will help you find a tenant of your dreams. One who cares for their rented premises, pays rent on time, and notifies you of issues on time.  

Conclusion

Following the law doesn’t stop after obtaining a court order. You may need to continue following it even after the tenant has moved out, especially if they have left some personal belongings behind.

For expert help in apartment management in the Las Vegas, NV area, get in touch with B&R Property Management. We have an unparalleled track record of property management thanks to years of proven performance and innovative solutions. Get in touch to learn more!