There are several scenarios in which the landlord may consider whether he or she can move the tenant’s belongings without seeking a permit.
Landlords are not permitted to rifle through their tenants’ belongings at will and without reason. However, landlords may need to do so under police supervision if either criminal concerns are an issue or tenants have abandoned the premises. Tenants are usually warned before searches of this sort.
Sometimes, the landlord might want to allow a tenant to only move his or her belongings for a temporary period, such as to allow the landlord to conduct pest control treatments. If a landlord has written rules in their lease or is ordered by a building/fire/public health inspector, then they can force the tenant to move their property.
In a case of an emergency, such as blocked walkways, a landlord may move the tenant’s property, and let the tenant know where they are being stored. A landlord may enter the property during an emergency, like a fire or a leak, or if he believes that a tenant has abandoned the property.
A landlord may enter the unit without a tenant’s permission, in case of mechanical/repair emergencies that could potentially cause damage throughout the building, or if the tenant appears to have abandoned the unit. However, a tenant can ask for the dates to be changed, or place a clause in the lease that limits how often the landlord may enter a property.
Landlords Must Provide Adequate Notice
Landlords cannot enter tenants’ properties without giving adequate notice, nor may they terminate a person’s tenancy before the end of a rental agreement. A tenant cannot refuse to allow the landlord to access a property if appropriate notice is given and the request is reasonable.
Either the landlord or tenant may choose to terminate a rental agreement, giving notice to the other party, 30 days or a month prior to the next due date for payment of rent, whichever is longer. For month-to-month rentals, either the landlord or tenant must deliver notice no less than fifteen (15) days prior to the next rent payment that tells the other party the lease is ending.
If a landlord wants to end a month-to-month lease for any reason besides failure to pay the rent, the landlord must provide written notice giving the right to leave within thirty days, provided rent is paid every month. If the landlord does not give you written notice, you can end your lease by giving the landlord a written notice that is due within five days. If the landlord fails to identify the violation and provides an appropriate period for remedy, or informs you that no further remedy will be provided for it if the same or similar behavior occurs within 12 months, a court may find the notice was void.
Some Common Pretexts for Eviction Exist
If you do not pay the full amount of the rent due, or you fail to willingly vacate within 3 days, the landlord can bring an eviction lawsuit against you in district court. If no restraining order is placed to prevent you from contacting your former landlord, you are entitled to make one phone call and set up a time for you to return to take possession within 7 days.
If a landlord-tenant board has issued an eviction order against you, then you have 72 hours from when you are evicted by a sheriff to retrieve your possessions. The Sheriff then changes locks, or allows your landlord to change locks, and gives you 24 hours to get back into the property with Sheriff and get your remaining possessions.
After this, the landlord or their agent can remove all personal possessions found on the premises up to the property line, or close to it. Once removed, your personal possessions should be placed outside of your rental unit, typically in a public place nearby. After you have moved out and given the landlord a forwarding address, your landlord should mail you a written notice stating you left personal possessions behind at the rental unit.
Items Abandoned by the Tenant Fall in the Landlord’s Possession
When a tenant leaves her or his personal possessions at the rental unit after moving out, it is the landlord’s responsibility to care for them for some period. If items must be removed from the property because of the tenant’s fast turn-around, for instance, the landlord must make sure that items are stored in a safe, secured, dry location so as not to cause any damages. If a tenant has given the landlord permission to access the property, and there is a lot of mail lying around the floor, the landlord may want to take up that mail to avoid getting it trodden or causing it to become a slipping hazard.
By default, landlords are involuntary custodians of a tenant’s possessions, and so are liable for having to give reasonable notice to the tenant of their intent to have an item removed from the property. If their possessions are valuable, a landlord may also say the landlord plans to sell them unless they are collected within 21 days.
For leases signed/renewed on or after 3/11/12, if a landlord writes into a lease (or lease renewal) that he/she will not move out of and/or keep possessions left behind, then the landlord is free to do whatever he/she wants with that possession upon the tenant’s departure (throw it out, sell it at a profit, donate to charity, etc.). Within 10 days, a landlord must let the tenant know where the property is being stored, if any fees are being paid to move/store it, and/or must provide a 30-day notice of putting it out.
No, before moving out or disposing of abandoned property, a landlord has to notify you of your rights regarding that property. Under both general laws regarding renters and the VRLTA, the landlord cannot cut the utilities, block a tenant from a rental unit, or evict the tenant without giving you advance notice and going to court.