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Abandonment of property: Seeking housing provider input on changes to the Residential Tenancy Act

Are you a non-profit housing provider who has to store tenants’ abandoned property? Let us know how you are impacted by this requirement!

The Residential Tenancy Branch policy team is exploring ways to address the Rental Housing Task Force’s recommendation to simplify the regulations relating to a landlord’s obligation to store abandoned personal property. Solutions to this recommendation could involve changes to the Residential Tenancy Act and Manufactured Home Park Tenancy Act and regulations. If you are impacted, please let us know:

  • How would potential changes to the regulation, including possibly increasing the value of abandoned property to be stored, impact you?
  • How would additional clarity around determining abandonment of a rental unit/pad impact you?
  • Are there elements of this recommendation that could be addressed by a public education component?
  • Do you have any additional feedback or concerns you would like to add regarding this recommendation?

Please email us at research@bcnpha.ca by September 21 to let us know how you are impacted by this requirement!


Background:

  • Residential Tenancy Act Details here.
  • Rental Housing Task Force Recommendation 20: Undertake a review to simplify the regulations relating to a landlord’s obligation to store abandoned personal property. (See here, p. 20 for details)

During the engagement process, the Task Force heard many concerns from rental housing providers that the requirements to store abandoned property are problematic. As such, the Task Force is recommending a review of the regulations relating to a landlord’s obligation to store abandoned personal property.

The Task Force heard that, “The requirement to keep and store abandoned contents and possessions, to bear that cost and then the cost of disposal [is too much for landlords].” Rental housing providers also suggested that the value amount that requires landlords to store abandoned property ($500) is too low and the time to allow tenants to claim it (60 days) is too long.

Current legislation requires the landlord to provide proper notice before disposing of a tenant’s personal items if the value of the items is worth $500 or more. The landlord can consider items to be abandoned if they are left behind after a tenancy has ended for 30 days. Depending on the total value of the abandoned property, the landlord may need to store the items in a safe place for 60 days to allow the tenant a chance to claim them. If a tenant doesn’t claim their items within 60 days, the landlord must follow a specific process for getting rid of the abandoned items. This process needs to be revisited to address fairness for housing providers.

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