At the end of the commercial lease, the tenant must generally vacate the premises and remove their personal property, equipment and other belongings, in accordance with the terms of the lease and applicable rules.
When a tenant leaves belongings on the premises after moving out, the landlord cannot necessarily consider them their own or dispose of them freely. The treatment of these belongings depends in particular on the circumstances, the terms of the lease, and the rules set out in the Civil Code of Québec .
It is particularly important to distinguish between truly abandoned property and property that has simply been left behind. The mere fact that property remains on the premises after the lease has ended does not always mean that the tenant has relinquished ownership.
Depending on the circumstances, the landlord may need to take reasonable steps to protect the property, contact the tenant, and request its return within a reasonable timeframe. It is recommended to keep records of communications and to prepare an inventory of the property left behind.
The lessor may also have certain remedies to claim reasonable costs incurred in the removal, storage or preservation of the property, when the applicable legal or contractual conditions are met.
Before selling, giving away or destroying property left on the premises, the landlord should check the lease provisions and applicable rules to avoid incurring liability towards the tenant or a third-party owner of the property.