If you move out of your rented property or you are evicted, and you leave general goods (eg furniture, clothes) or personal documents (eg photographs, letters) on the premises, the landlord must deal with those goods or documents in accordance with rules laid down by the Residential Tenancies Act 1997.

The first thing you should do is contact the landlord or agent and make arrangements to get access to the property to remove the goods. The sooner you can do this, the less likely it is your goods or documents will be damaged or removed, or that you will have to pay storage costs to the landlord. If you don't arrange to remove the goods or documents, the landlord or agent must follow the rules set out below. If they do not, and your goods or documents are lost or damaged as a result, you may claim compensation. See the Claiming compensation leaflet for more information.

General goods
Disposal of general goods
The landlord may remove and destroy goods if they are

If the total estimated cost of removal, storage and sale of all the goods combined is greater than the total value of all the goods combined, the landlord may remove and destroy or dispose of the goods. The landlord may request a report from the Director of the Office of Fair Trading and Business Affairs as to whether the goods can be destroyed or not.

Storage of general goods
If the goods are not destroyed or disposed of, the landlord must store them in a safe place and manner for at least 28 days. The landlord must send you a notice within 7 days of storing the goods, telling you that the goods have been stored, and what you have to do to get them back. If the landlord doesn't have a forwarding address for you, they must put a notice in a newspaper circulating in Victoria.

You (or the person who owns the goods, if they belong to someone else) can reclaim the goods after paying the reasonable costs incurred by the landlord in removing and storing the goods, and in notifying you that the goods have been stored. The landlord must return the goods to you once these costs have been paid, even if you owe them money for other reasons, such as rent arrears.

Sale of general goods
If you don't reclaim the goods within 28 days of being notified, the landlord can sell them by public auction. The auction must be advertised in a newspaper circulating in Victoria at least 14 days beforehand. If the goods have been sold within 8 weeks of being stored, the landlord can keep as much of the proceeds of sale as is owed to them by you, whether that money is owed for the costs of storage and sale of the goods, or owed under an order from the Victorian Civil and Administrative Tribunal for rent arrears or compensation.

Reclaiming general goods
You may reclaim your goods at any time before they are sold, provided you pay the landlord the reasonable costs they have incurred in removing, storing and organising the sale of the goods.
It is an offence for the landlord to refuse to return the goods after you have paid their costs. If your goods have already been sold, you should contact the Tenants Union or a tenant advice service for further assistance.

Personal documents
If you leave personal documents (eg official documents, photographs, letters) at the property, the landlord or agent must take reasonable care of them for at least 28 days. They may remove the documents, but must not destroy or dispose of them. They must take reasonable steps to notify you as to how you can collect the documents. If they want to destroy the documents, the landlord or agent must put a notice in a newspaper circulating in Victoria that they will be destroyed at the end of the 28 days.

If you do not reclaim the documents within 28 days, and the landlord or agent has followed the above steps, the documents can be destroyed.

You will have to pay the reasonable costs incurred by the landlord before you can claim the documents. If you pay the landlord's costs they must not refuse to return the documents, even if you owe them money for other reasons, such as rent arrears.

Compensation
If the landlord disposes of, damages, destroys or sells your general goods or personal documents without following the rules above, you may apply for compensation. If the landlord tries to retain your goods, you can also apply to the Tribunal for an order that the goods be returned.

If the landlord has sold the goods in accordance with the rules, you cannot have the goods returned. However, you can apply to the Tribunal to have any money left over from the sale paid to you.