On an end-of-lease job I’m often the last person through the house before the agent does the final inspection. That means I’m also the one who opens the top cupboard in the laundry and finds a box of photo albums, or a bike in the back of the garage that nobody mentioned.
Most of the time the renter just forgot. They’ve already handed back the keys, the bond claim is in, and the stuff is sitting in a house they no longer have any right to walk into. So what happens to it?
In Victoria the answer is in Part 9 of the Residential Tenancies Act 1997, and Consumer Affairs Victoria (CAV) has a short page that lays it out. The landlord can’t just bin everything, and they can’t hold your things hostage either.
Three kinds of left-behind goods
The law sorts what you leave into three groups. Each one has its own rule.
| What it is | What the rental provider can do | How long |
|---|---|---|
| Perishable food, dangerous goods, things with no monetary value | Dispose of them straight away | No storage required |
| Goods that can be sold, plus “protected goods” (medals and trophies, specialised medical devices including prostheses, prescription medication, labelled urns) | Store them somewhere safe and tell you | At least 14 days |
| Personal documents (official papers, photographs, mail, images on cameras, material on hard drives) | Store them somewhere safe and tell you | At least 90 days |
The “no monetary value” group has two exceptions that catch people out. Personal documents and protected goods are never in it, even if they are worth nothing to anyone else. A pill bottle or an old swimming trophy has to be kept for 14 days. A shoebox of letters has to be kept for 90.
The clock starts when you’re told
This is the part that matters most if you’ve moved interstate or just stopped checking your email. Tenants Victoria is clear that the 14 days start on the date the rental provider, owner or agent tells you they are storing your things, not the date you moved out [section 386]. The 90 days for documents work the same way [section 381].
The rental provider has to take “reasonable steps” to let you know. CAV says they must use its Notice of goods left behind form to tell a former renter about stored goods.
Reasonable steps only work if they can find you. Tenants Victoria’s main tip is to leave a forwarding address, email and phone number with the agent, and to put them on your RTBA bond claim form too. If you’re still sorting the bond claim through the RTBA, that form is the obvious place.
They can’t keep your things over unpaid rent
CAV says a rental provider cannot refuse to return your belongings even if:
- you owe rent, or
- they have a possession order against you.
The bond and any rent arrears are a separate fight. Your stored goods aren’t a bargaining chip in it.
When you can be charged an occupation fee
Most people never pay anything to get their stuff back. An occupation fee only applies when there were so many goods left, or they were so big, that the rental provider couldn’t re-let the property. Think a garage full of furniture, not a forgotten jacket.
The limits, from CAV:
- The fee can’t be more than the rent you would have paid for the days the goods were stored.
- It can’t be more than 14 days’ rent in total.
- If VCAT has ordered the goods be stored for longer than 14 days, the fee matches the number of days VCAT ordered.
Tenants Victoria notes VCAT can allow a higher fee in some cases [sections 395A and 401]. If a hearing is set down for that, go, so you can argue against it.
Once you pay the occupation fee, they must not refuse to hand the goods back, even if you owe money for other reasons [section 387].
For personal documents the rule is slightly different. They can ask you to repay reasonable costs of removing and storing the documents and telling you about them [section 382]. If you pay, refusing to return them is an offence and the rental provider can be fined.
If you need more than 14 days
You can ask the rental provider to store your things for longer, and the two of you can agree on any period. If they say no, you can apply to VCAT for an order that the goods be stored for more than 14 days [section 395].
If you’re mid-move and know you won’t be back in the state for a few weeks, ask early, in writing.
What happens after the deadline
If nobody claims the goods within 14 days (or the longer agreed or VCAT-ordered period), the rental provider can sell them or get rid of them.
If they sell them, you have 6 months from the sale to claim the money. They can deduct the occupation fee and the costs of selling. If nobody claims it, CAV says the rental provider must pay the rest into the Residential Tenancies Fund within 30 days of the 6 months ending. Tenants Victoria says that after that you can’t get it back [section 392].
Uncollected personal documents can be disposed of after 90 days. Tenants Victoria points out that some documents are covered by other laws. A found passport, for example, has to be handed to a passport office, an Australian diplomatic mission or consulate, or a police station.
If they get it wrong
You can apply to VCAT for compensation if the rental provider:
- sells, destroys or disposes of your goods or documents without following the steps in the Act (for example, throwing out documents before the 90 days are up)
- refuses to give your things back
- damages or loses them, whether on purpose or by not taking proper care
Tenants Victoria says you can also ask VCAT to order the goods returned [section 397]. It flags that Rental Dispute Resolution Victoria (RDRV) now handles some rental disputes instead of VCAT, so check which one your issue goes to before you file.
It runs the other way too. A rental provider can claim from you at VCAT for the cost of removing, storing or selling the goods, or for storage costs that run past what the occupation fee covers.
Don’t leave it behind in the first place
The easy fix is a last walk-through before you hand back the keys. When I’m on a final clean, these are the spots where things turn up most:
- the top shelf of wardrobes and linen cupboards
- the meter box and under the laundry tub
- the garage rafters and garden shed
- the bathroom cabinet (medication counts as protected goods, so it can’t just be binned)
- the letterbox
If you’re running to a moving-out timeline, put that walk-through on the last day, after the furniture has gone and before the end-of-lease clean is signed off.
The short version In Victoria, food, dangerous items and worthless things can be thrown out straight away. Saleable goods, medals, medication and urns must be stored for 14 days, and personal documents for 90. Both clocks start when the landlord or agent tells you, and they can’t hold your things over unpaid rent. An occupation fee only applies if your goods stopped the place being re-let, and it’s capped at 14 days’ rent unless VCAT orders longer storage.
Frequently asked questions
How long does a landlord have to keep things I left behind in Victoria?
It depends on what the things are. Consumer Affairs Victoria says goods that can be sold, medals and trophies, specialised medical devices and prescription medication, and labelled urns must be stored safely for at least 14 days. Personal documents such as official papers, photos, mail and hard drives must be kept for at least 90 days. Perishable food, dangerous goods and things with no monetary value can be disposed of straight away.
Does the 14 days start from the day I moved out?
No. Tenants Victoria says the 14 days start on the date the rental provider, owner or agent tells you they are storing your things, not the date you moved out [section 386]. The 90 days for personal documents also run from the date you are told [section 381].
Can the landlord keep my things until I pay the rent I owe?
No. CAV says a rental provider cannot refuse to return a person's belongings even if the renter owes rent or the rental provider has a possession order. Tenants Victoria adds that once you pay any occupation fee, they must not refuse to hand the goods back because of rent arrears [section 387].
Can they charge me for storing my stuff?
Only in one situation. CAV says an occupation fee can be charged when there were so many goods, or they were so big, that the property could not be re-let. The fee cannot be more than the rent for the days the goods were stored, and no more than 14 days' rent in total unless VCAT orders a longer storage period. For personal documents they can ask for the reasonable costs of removing and storing them.
What happens to the money if they sell my things?
You have 6 months from the sale to ask for the proceeds, minus the occupation fee and the costs of selling. If nobody claims it in that time, CAV says the rental provider must pay the money into the Residential Tenancies Fund within 30 days of the 6 months ending, and Tenants Victoria says you will not be able to get it back after that.
This guide is general information based on official sources current at the date shown above. Tenancy law differs by state and by agreement. For decisions about your own bond, check the official body linked above or get advice for your situation.
Keep reading
Victoria's Residential Tenancies Act says damage does not include fair wear and tear, which it defines as deterioration from reasonable use and natural forces. Consumer Affairs Victoria's Guideline 3 gives side-by-side examples, and VCAT has to weigh the age of an item using the ATO depreciation guide. An 8-year-old carpet is the example CAV uses for one a renter can't be charged to replace.
The bond problems I get called into almost always come down to the order things happened in, not to how hard anyone scrubbed. Cleaners booked for the day the truck is still loading, a final reading nobody asked for, a mail redirection started after handover. Here's the fortnight laid out in order, with the dates and costs that are actually fixed.
Four of the items on Victoria's own cleanliness list are outdoors, and VCAT has named overgrown garden beds and belongings left behind as evidence a property was not left reasonably clean. But regular mowing and weeding is where the renter's job stops: major pruning, tree removal and the gutters sit on the other side of the line. Here is exactly where that line runs, what happens to anything you leave behind, and why the bin collection day matters more than the tip run.