Mr. Klein rented his house out over the summer. The rental contract called for the tenants to clean the house before leaving.
“I’m a little concerned about the state of the house when we return,” Mrs. Klein told her husband toward the end of the summer. “I got the impression the tenants are not the neatest people.”
“I’ll remind them about cleaning,” Mr. Klein said to her.
Three days before the end of the rental, Mr. Klein called the tenants. “Please make sure to leave the house neat and orderly, like we agreed in the contract,” he told the renters. “Also, please make sure to take or discard all of your belongings when you leave.”
When the Kleins returned, however, they were dismayed to see that the renters did a poor job cleaning up after themselves. Small clothing items lay strewn around the floor, food was left in the fridge, and toiletries were left in the bathroom on the sink and bathtub. In the garage, Mr. Klein found a box of bicycle parts and tools that had been left there.
The Kleins collected all the items and put them in a box. They organized the food in the fridge on one shelf.
“What should we do with all the items they left?” Mrs. Klein asked her husband. “Can we just dump them all?”
“I guess so,” replied Mr. Klien. “I did impress upon them the need to leave the house neat. Whatever they left is their problem!”
“Maybe we should contact them first?” Mrs. Klein suggested. “It would be proper to check with them. Anyway, I think a word or two with them is in order about the way they left the house.”
Mr. Klein tried calling the tenants a few times, but there was no answer. He left a message but did not hear back from them. Finally, after a week he caught them. “We agreed you would leave the house neat,” Mr. Klein said, “but you left all kinds of stuff.”
“We were sort of rushed when we left,” said the tenants. “We can’t really deal with it now, either. We’ll try to come by at some point to see what’s there.”
“We can’t keep storing all this stuff,” Mrs. Klein said. “If they don’t come within a month we’re going to have to dump it all!”
“There’s also that box of bicycle tools,” Mr. Klein said. “I don’t know that I can just dump that.”
“Then let them come soon and pick it up!” said Mrs. Klein. “And the other stuff I say dump already now!”
“I’d prefer to double check with Rabbi Dayan before dumping things,” said Mr. Klein. “Is that OK with you?”
“Sure, give him a call,” replied Mrs. Klein.
Mr. Klein contacted Rabbi Dayan. “Our summer tenants left a bunch of stuff when they left,” he said. “Do I have to bring it to them or keep holding it? Can I tell them that if they don’t come by a certain time I will dispose of it?”
“If a tenant moves out and the landlord finds lost items left his in the house, there is a mitzvah of hashavas aveidah,” replied Rabbi Dayan. “However, if it seems clear the tenant left those items because it was not worth his while and he abandoned them, the items become hefker (ownerless) and can be taken or disposed of. Thus, small clothing items left strewn, toiletries, or food in the fridge can be disposed of.” (See C.M. 260:3,7)
“What about a box of tools?” asked Mr. Klein.
“That you obviously cannot assume was abandoned, and therefore should return,” answered Rabbi Dayan.