Your residential tenant vacates their suite but leaves behind more than memories. Landlords stuck with “abandoned” goods may think that they are in the clear to do what they wish with said goods, but should tread lightly and ensure that they are complying with the regulations set out by their province.
Recourse’s goal is to educate landlords across Canada on the Acts and regulations that outline what they can do and how to do it. This deep dive series breaks down the remedies each Province so you can know things are being done the right way.
Saskatchewan
The province of Saskatchewan and their Office of Residential Tenancies (ORT) has a detailed process for dealing with abandoned goods. The province has strict requirements for disposing or selling these goods, requiring an order to be obtained from the ORT before the landlord can proceed. Before applying for an order the landlord must show that they have made a “reasonable attempt” to locate the tenant that left, which in addition to phone calls, text messages, and emails is what Recourse’s Notice of Intention to Dispose of Abandoned Goods aims to achieve.
Below are some questions that landlords in Saskatchewan should consider before, during, and after the process of dealing with abandoned goods.
Are the items left behind “abandoned”?
The first step a landlord must take is to confirm that the goods left behind have actually been abandoned. Saskatchewan does not provide a definition of what qualifies as abandoned, so if you are unsure you may want to contact the ORT for their opinion based on the circumstances.
Landlords should carefully consider the factors of each situation involving goods that appear to be abandoned to avoid the potential of legal backlash.
Even if it seems clear that the tenant has moved and are not using the premises, if they have paid their rent and not confirmed in writing that they have officially vacated/abandoned you must respect the possibility that the premises is being used to store their goods while they facilitate the completion of their move. Similarly, if the tenant has given any implication written or otherwise that they intend to collect the goods left behind this could cause the ORT to deny an order application or for the courts to rule in favour of the tenant on the basis that the goods have not officially abandoned.
Doing what you can to build as strong of a case as possible that the tenant is not coming back for any goods will be worth the time and effort.
What is the value of the goods left behind?
Once the landlord feels confident in deeming the goods abandoned, they must value the goods to determine how they proceed. Depending on the value the landlord will either be free to dispose of the goods or must proceed with the order application process. Saskatchewan’s determining value is $1,500.00, which means if the landlord believes the value of the goods to be equal to or greater than this amount they must store the goods while awaiting an order, and if they believe the value to be less than $1,500.00 they can proceed with disposal.
It may seem obvious to look at goods and figure that their value is above or below $1,500.00 but landlords should exercise caution before jumping to any conclusions. The province simply states that the landlord is not obligated to apply for an order if the estimated value of the goods is less than $1,500.00, but does not go into detail about what kind of backup or proof must be made in support of this determination.
People generally value their goods much higher than an outsider may, which means disposal without some concrete backup for the valuation may allow a tenant to come back and claim that the couch that you tossed out was an antique with a value of thousands of dollars. The province even states that assuming value less than $1,500.00 exposes the landlord to risk of claims against them, and mentions that landlords should consider whether the potential for this risk is worth the time and expense of skipping the order process.
At very least documenting detailed research on similar goods and even obtaining an appraisal or written opinions from experts to have ready in case a claim arises will usually be well worth the time and cost. Landlords should also take detailed photographs of all of the abandoned goods and document dates and details as they proceed.
What do I do if the value of the goods is above $1,500.00?
The landlord is obligated to store the goods either in the rental property or in another secure storage facility on the tenants behalf while waiting for the tenant to claim the goods or for the ORT to grant an order.
During this storage period the landlord should keep record and take notes of all correspondence made with the tenant via email, phone calls, and letters. To protect themselves and hopefully expedite the process, they may also run a lien search against tenant names and any serials numbers and issue notice to any registered lien holders. You can run lien searches through Recourse HERE. These notices should be sent via registered letter or delivered by hand so you can show due diligence if a claim arises from the tenant or any lien holders.
What do I do if the tenant or any other interested parties do not respond?
If the your correspondence gains no traction from the tenant or lien holders, you can then plead your case to the ORT in hopes that they grant an order allowing for disposal or sale of the goods. Application can be made by submitting this document from Saskatchewan’s website.
What if the tenant comes back for their goods before the sale?
The landlord may charge the tenant any costs spent on moving or storing the goods before returning them. Once the costs have been paid by the tenant the landlord must return the goods right away.
Can the landlord keep the proceeds from a sale of the goods?
This will depend on the order as granted by the ORT. Contact their office at (888) 215-2222 for more information.
How long do I have to keep record of this action?
This is not specified by the Act, but other provinces require they be kept for 2-3 years so playing it safe and keeping them for at least two years would be advisable. Records may include descriptions of the goods, any notices or correspondence with the tenant, any research information or valuations of the goods, where and how long the goods were stored, all details of the sale including how the funds were paid out and disbursed, and all dates of any sale, returning of the goods to the tenant, disposal, etc.
For more information on this process you can view Saskatchewan’s Website. Documents offered by Recourse to get started can be found HERE.
For lawyer or auction house referrals you can contact us for free HERE.
