Goods left behind
Sometimes renters leave their belongings behind when they move out. It is important your client knows what rights they have when this happens.
You should encourage your client to collect their belongings quickly. Contact the rental provider or real estate agent as soon as possible to collect. If they wait, the rental provider might throw their items away or charge storage fees.
Has your client left goods or documents behind?
The first step is to ask your client if they have left either goods or personal documents behind. Different rules apply to each.
Personal documents include letters, photos, books, drawings and devices that store data (such as phones and USBs).
Goods include pretty much everything else, such as:
- clothes, shoes, toys
- most household items like kitchenware and furniture
- cars
What kind of goods were left behind?
Different rules apply to different types of goods.
Goods with monetary value
Most goods need to have monetary value to be protected under the law.
Your client has a right to these goods left behind and may reclaim them at any time before destruction or disposal.
The rental provider has a responsibility to:
- Take reasonable steps to give notice to the renter that the goods have been left behind; and
- Store the goods for at least 14 days from the day on which the notice was given.
After 14 days have passed, the rental provider can sell or dispose of the goods.
Dangerous goods
The rental provider can dispose of these items immediately.
Perishable food
The rental provider can dispose of these items immediately.
Protected goods
Protected goods include:
- specialized medical devices (e.g., prosthetics)
- prescription medication
- labelled containers or urns with human remains (such as a family member’s ashes)
- medals and trophies
The rental provider is not allowed to destroy or dispose of protected goods.
Protected goods:
- do not need monetary value
- can be reclaimed by the renter at any time
- can be removed by the rental provider if they need to store them somewhere else
Can your client be charged storage fees?
A rental provider may charge storage fees if your client’s items prevent them from re‑letting the property to a new tenant. Storage fees apply to both goods with monetary value and protected goods.
Storage fees must not exceed:
- the rent payable for the storage period, or
- 14 days’ rent, unless VCAT orders the renter to pay a higher amount.
Personal Documents
The rental provider must:
- take reasonable steps to notify the renter they have left personal documents behind;
- take reasonable care of the documents for at least 90 days after they notified the renter; and
- tell the renter when and where the documents can be collected.
To get their documents back, the renter must pay the rental provider’s reasonable costs of:
- notifying the renter;
- removing the documents from the property; and
- storage / safekeeping of the documents.
After 90 days, the rental provider may dispose of personal documents if they have not been collected.
Some personal documents are protected by other laws and cannot be disposed. For example, passports must be taken to the Australian Passport Office, consulate, or police station.
If the rental provider doesn’t follow the rules
Your client can apply to Rental Dispute Resolution Victoria (RDRV) for compensation if the rental provider:
- refuses to return the goods/personal documents;
- loses or damages the goods/personal documents; or
- destroys or disposes of items when they are not allowed.
Renters can also apply to VCAT for an order requiring the rental provider to return the items if they refuse.
Rental provider’s costs of disposing goods left behind
Your client may be charged for the rental provider’s reasonable costs involved in disposing the goods/personal documents left behind.
If a renter leaves items behind, the property might not be reasonably clean or returned in its original condition.
The rental provider may claim against the bond, and/or seek compensation. Examples include removalist costs for taking furniture to the tip or cleaning costs for removing rubbish / junk.
- See more about Bond & Compensation.
Family Violence
Family violence can be relevant to bond and compensation issues involving goods left behind. Family violence matters are complex and the matter needs to go to VCAT rather than RDRV.
If an RDRV application already exists, the renter should inform the RDRV about the family violence immediately so it can be referred to VCAT.
- See Damage or unpaid rent when there is violence for further guidance.
Where can my client get more help?
Legal services
- Tenants Victoria: Tenants Victoria offers 30-min secondary consultations for workers. You can book a call through their website.
- Victoria Legal Aid: Legal Help can give advice over the phone or via an online chat service.
- Community Legal Centre (CLC): Your client’s local CLC might be able to provide some advice. Find your client’s local CLC.
See our referral page for legal support and other support options.
The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in May 2026. See full disclaimer and copyright notice.
