New Brunswick Abandoned Tenant Belongings — The $500 Threshold and What Landlords Must Do

The Problem Every Landlord Dreads

Your tenant's gone. The keys are back, the lease has ended, and you walk into the unit to find a couch, three boxes of kitchen supplies, and a bedroom set that wasn't there when you signed the lease. You need the unit turned over for the next tenant. But throwing those items in a dumpster could land you in front of a Residential Tenancies Officer with a compensation order.

New Brunswick's Residential Tenancies Act (Section 15) and General Regulation 82-218 (Section 12.1) lay out specific rules for handling property a tenant leaves behind — and the 2023 amendments (c. 27) added a $500 valuation threshold that changes what you're required to do.

The $500 Threshold Explained

The Residential Tenancies Officer must determine the value. Regulation 82-218, Section 12.1 sets the threshold at $500, so items worth exactly $500 fall in the same category as higher-value items.

Below $500: Store the chattels safely, attempt to contact the former tenant and keep a record, then apply to an RTO for a value determination and directions. If the RTO determines the chattels are worth less than $500, you may dispose of them once at least 10 days have passed since the tenant left them.

$500 or more: The same storage, contact and application duties apply. If the RTO determines the chattels are worth at least $500 but no more than the tenant owes, the Officer may authorize you to sell or otherwise dispose of them. If their value exceeds the debt, the Officer may store them for a set period and notify the tenant. If the tenant does not respond to the notice or pay the storage costs, the Officer may sell the chattels by public auction or private sale after that period. Sale proceeds, after sale and storage costs, go toward any debt the Officer determines is owed to the landlord. Any balance unclaimed by the tenant within one year may be dealt with under Section 8.1.

Section 15(6.1) bars other disposal: a landlord may dispose of the chattels only under the below-$500 rule in Section 15(1.3) or when authorized by an RTO under Section 15(1.2) or (3). Self-help disposal — even of items that look worthless — can expose you to a compensation claim.

How to Handle Abandoned Property Step by Step

1. Document everything before you touch it. Photograph and video the unit with the belongings in place. Note the condition, approximate quantity, and any identifying details (brand names, serial numbers for electronics or appliances).

2. Estimate the total value. Be conservative. If you're uncertain whether the items cross the $500 line, treat them as above-threshold. An RTO will not be sympathetic to a landlord who undervalued furniture to skip the application step.

3. Attempt contact. Send written notice to the tenant's last known address (including any forwarding address) and any email or phone number you have on file. Keep copies of every attempt. Registered mail creates the strongest paper trail.

4. Store the property securely. You can store it in the unit if it's not yet re-let, or move it to a secure storage location. Keep receipts for any storage costs — these are recoverable through the RTO process.

5. Apply to the RTO. File your application with the Residential Tenancies Tribunal through Service New Brunswick. Attach your documentation: photographs, value estimate, copies of contact attempts, and storage receipts.

6. Follow the RTO's directions. The Officer determines the value and directs what happens next under Section 15; a sale of higher-value items may be by public auction or private sale.

Common Mistakes

Landlords most often get into trouble by acting too quickly. The urge to clear the unit for a new tenant is understandable, but disposing of belongings before an RTO determines their value or outside the disposal rules in Section 15 — even items left in obvious disrepair — can result in a compensation order that covers not just the item's value but the tenant's actual losses.

Another frequent error is failing to document contact attempts. A verbal "I called them twice" carries no weight at a hearing. Written, dated records are what the Officer will want to see.

What This Means for Your Tenancy Ending Process

Abandoned belongings are one piece of the broader process of ending a tenancy lawfully in New Brunswick. The notice periods, prescribed forms, service rules, and post-termination obligations all interlock — a misstep at any stage can delay your timeline by months.

The Ending a Tenancy in New Brunswick guide covers the full sequence from statutory grounds through to the formal Tribunal process, including a dedicated section on post-termination obligations and abandoned chattels. If you're dealing with a tenancy that hasn't ended yet, start there — handling the belongings correctly is much easier when the notice and termination were done right in the first place.

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