Can I dispose of my tenant's abandoned property in Augusta?

Full question:

My tenant vacated the rental premises I own in Augusta. While vacating, he told me I could trash all the personal stuff he had left behind. I am still apprehensive about and haven't done as yet. Can I be held accountable if at all he changes his mind after I have destroyed the property?

Answer:

It's good that you haven't acted on your tenant's oral instruction to dispose of their belongings. In Maine, you need written permission from the tenant to destroy their property after they vacate. Without this written consent, you could be held liable for the destruction of their personal items.

According to Maine law (14 M.R.S. § 6013), if a tenant leaves personal property behind, you must:

  1. Store it in a safe location.
  2. Notify the tenant by mail of your intent to dispose of the property, including an itemized list of the items left behind. This notice must be sent to their last known address.
  3. Wait at least seven days after sending the notice before disposing of the property.

If the tenant claims their property within this time, you must return it without charging them for any unpaid rent or storage fees. If they do not claim it, you may sell or dispose of it according to the law.

Always ensure you follow the proper legal procedures to avoid any potential liability.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Maine, there is no specific time limit set for how long a tenant can leave their belongings after vacating. However, landlords must follow legal procedures to handle abandoned property. After a tenant leaves, landlords should notify the tenant and wait at least seven days after sending the notice before disposing of the property. This ensures the tenant has an opportunity to claim their belongings. It's important to follow these steps to avoid potential liability.