When goods can be stored, sold or disposed

In general tenancy agreements, if the total value of goods left behind is less than $2,500, the goods can be sold or disposed of straight away if they would:

• be unhealthy or unsafe to store
• reduce in value if stored
• cost more to remove, store or sell than they are valued at.

If the total value of goods left behind is $2,500 or more (e.g. cars, furniture, caravans), the goods must be stored for one month, after which they can be sold at auction. You must make reasonable efforts to contact the owner of the goods to notify them of the auction, which includes contact methods as outlined above.

For example: a tenant moves out and leaves behind a car and lounge chair. The property manager makes reasonable attempts to contact the tenant, but the tenant does not respond. The property manager has the car valued at $3,000 and the lounge chair valued at $500. Because the total value of the goods left behind is over the threshold, both items must be stored for one month before they can be sold at auction.

Deducting the cost of storage, removal and sale

You can deduct the cost of the removal, storage and sale of the goods from the money raised at the auction. Any remaining money must be paid to the Public Trustee. You must apply to the Queensland Civil and Administrative Tribunal (QCAT) if you are owed any other money.

If the tenant wishes to reclaim their goods before you dispose of them, they must put this request in writing and pay you for the cost of removal or storage.

Goods cannot be withheld because money is owed

You cannot hold onto a tenant's possessions in lieu of rent or other money owed.

When goods can be stored, sold or disposed

In moveable dwelling tenancy agreements, if the total value of goods left behind is less than $2,500, the goods can be sold or disposed of straight away if they would:

• be unhealthy or unsafe to store
• reduce in value if stored
• cost more to remove, store or sell than they are valued at.

If the total value of goods left behind is $2,500 or more (e.g. cars, furniture), the goods must be stored for one month, after which they can be sold at auction.

Caravans, their contents, and other goods used for occupation must be stored for 2 months before any sale can take place. You must make reasonable efforts to contact the owner of the goods to notify them of the auction, which includes contact methods as outlined above.

If the tenant is renting the site only, the threshold value is $5,000. In these cases, any goods left behind with a total value of $5,000 or more must be stored for 2 months before they can be sold. You are still required to make reasonable efforts to contact the owner during this time.

Deducting the cost of storage, removal and sale

You can deduct the cost of the removal, storage and sale of the goods from the money raised at auction. Any remaining money must be paid to the Public Trustee, to be held in the name of the tenant. You must apply to QCAT if you wish to make a claim against the money held by the Public Trustee.

If the tenant wishes to reclaim their goods before you dispose of them, they must put this request in writing and pay you for the cost of removal and storage.

Goods cannot be withheld because money is owed

You cannot withhold a tenant's possessions (goods) because they owe money for rent, electricity, damage, etc. These amounts should be claimed against the bond, or through a civil claim for compensation process at QCAT.

When goods can be stored, sold or disposed

In rooming accommodation agreements, all goods left behind must be kept for 28 days unless they are:

• perishable
• worth less than $250 (total value of the goods)
• unhealthy to store.

You can dispose of goods that meet one of the above criteria.

After 28 days you must continue to store the unclaimed property, or if the total value of the goods is less than $900 you may donate them to charity. If the total value of the goods is $900 or more you may sell them.

Deducting the cost of storage, removal and sale

If you sell the goods, you can deduct the cost of their removal, storage, and sale. Any remaining money must be paid to the person who owned the goods (if you have been able to locate them) or the Public Trustee.

If a resident wishes to reclaim their goods before they are disposed of, they must put their request in writing and pay you for the cost of removal or storage.

Keeping money when an amount is owed by the resident/s

If money was left behind by the resident/s and there is an amount owed under the agreement, the provider/agent may keep the amount owed before passing the remaining cash and personal documents to the Public Trustee.