If tenant leaves items behind

[Cameron Iarrobino]

Hello all, I'm located in MA. Hoping someone with some state-level context can chime in here. Had a lease with a tenant in one of my apartments which ran through 4-30-2024. They asked a few months back about possibility of moving out early, specifically for 2/29. I told them sure, if I can find someone qualified to move in for March 1st. Did some showings last month, found someone who really wants the apartment to move in for March 1st. Before signing the lease with these new folks, I re-confirmed with existing tenant that they still wanted 2/29 move-out date, and that they were able to have the apartment move-in ready condition for that date. They confirmed, we signed a lease amendment stating that it would end for 2-29 and therefore they agree to have the apartment move-in ready no later than 2-29. 

I'm just thinking ahead, say that the 29th or so rolls around and they tell me they're moved out and there's some items left behind. My understanding is that so long as they confirm that they're moved out and give me the keys, I'm well within my rights to just have a junk remover / trash company take whatever was not there to begin with, and deduct that from the security deposit? From my research, the only gray area would be whether or not the tenant continues to plan to reside there / has ended their residency or not?

[Cameron Iarrobino]

Quote from @Richard Justin:

Quote from @Account Closed:

I can't answer your state specific law regarding left behind stuff. But, I would caution having someone move in the day after your tenant moves out. There are so many things that can muck that up.

Current tenants could be running late and not actually be out that day.
They may not leave it rent ready. It might require repairs and cleaning. I never expect a place to be rent ready when a tenant moves out. Even normal wear and tear might need to be dealt with.

If either of those things happen, then you have new tenants who are put in a bind. I would give it a week between tenants to give you time to deal with things that might happen.

 I completely agree with Michelle La's response. There's always the way things "should" go - if everything was within our power - and then there's the way things do go. And also, the majority of people are not that organized. I would say the majority of people cobble together some half-assed moving plan either due to circumstance or being poor organizers/time managers. They even in their heart of hearts really want to, and really try, to leave a place "move-in ready" for the next person. But amid coordinating a move which is like a top 3 stressor in life , your best interests may not be in the front of their mind, or they may subconsciously have re-calibrated what "move-in ready" looks like in their own mind. These are peoples' homes that some of them lived in for years/decades, it can be challenging to move in a timely fashion.  I think a week is a solid buffer. But on the other side of this coin I have no sympathy for people who move in to units that aren't glowing in radiant splendor perfect, and complain about it. I've had to move in to so many places in the course of my life , during college years in particular when I moved every year if not  semester sometimes, that were "as-is" or you know, less than perfect. I bought some pine sol and took care of it myself. I hate when people have an attitude like it's supposed to  be turn down service like it's some hotel room or new construction that nobody has ever lived in yet. Champagne on a beer budget. There are shades of clean. There is a "modestly priced hotel room" clean, and there is "The Peninsula." I am not responsible for peoples' neuroses. Well, I have probably caused a few people's neuroses but that's another story.  

 since it's related to what you said, know what else I can't stand, and I won't tolerate at all? A prospective tenant views the apt with me, and I tell them "What you see is what you get, aside from a good cleaning, if you were to move in here, this is how you would get the apartment" .....then they move in and it's "what about this little paint blemish on the wall, what about that 1 cracked floor tile in the kitchen" ......I shut it right down. Unless it's something that happened after they viewed the apt, and I feel it's something which should be addressed, tough ****. Buy you own place if you want to be a perfectionist