Dear Aus Nthabi,
A former tenant left his belongings in my property.
I have tried to get him to collect these without any success.
I want to know if I am allowed to get rid of these possessions?
Will this be regarded as theft?
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Aus Nthabi responds
There is a legal presumption that when a tenant has left his possessions where he was renting, he has abandoned them and the owner of the property can dispose of them.
However, an owner must first send a letter or a message to the previous tenant informing them that the goods will be disposed of if they are not collected by a certain date.
If the goods are not fetched after that date, you can get rid of them.
But if you get rid of them before the set date, the tenant can open a case of theft or sue for financial loss.
Nthabiseng Monareng holds LLB and LLM degrees from the University of Witwatersrand, Johannesburg. Nthabi has more than 10 years’ experience in the legal field, specialising in family law. She’s written books on family law and is a family mediator.
