Many commercial landlords may be unaware of the risks they face when dealing with a tenant’s seemingly abandoned property. Much of this risk stems from the uncertainty in this area of the law. There is a dearth of statutory guidance and the courts have yet to provide a definitive set of principles to assist landlords in determining when property can be considered abandoned and how to classify the property, which is relevant if abandonment is not clear.

This article provides an overview of the aforementioned uncertainties and offers some practical suggestions to landlords for dealing with abandoned property.