Q: My son is leasing a small condo. The lease includes “a sofa, TV, TV stand, table, 2 chairs, bed and mattress”. He did not want the mattress, and the owner’s brother removed it, leaving the used bedding behind. A few unwanted small appliances, pans, and dishes were left in the kitchen cabinets. The condo is small, and my son needs the limited storage space for his belongings. Can he request that they be removed, and if the owner does not, can my son dispose of the items? — Jenny

A: From your question, it seems like the landlord has shown a willingness to remove unwanted items, so your son’s first step is asking for the remaining items to be removed.

It is likely the items were inadvertently left behind, or he thought your son might want to use the small appliances, pans, and dishes.

Assuming the other party’s intentions were positive until shown otherwise is a good way to avoid potential disputes.

In this situation, your son is renting a partially furnished apartment, so it is reasonable to think he might also want to use the other items.

That said, the lease is clear about what is included, and your son has the right to ask for the items to be removed.

Ensure he keeps a journal of all communications to avoid memory lapses or miscommunication later. Emails and texts are a good way to do this, but they can sometimes lead to misunderstandings, so I am a fan of picking up the phone and talking through issues.

After the conversation, sending an email summarizing the discussion will help avoid miscommunications while keeping a timely record. This way, your son can prove that he was told he could throw the items away should it become a problem later.

If the landlord ignores your son’s requests, he can throw away any items that are clearly trash after taking photos of the items for the journal.

The remaining items come down to a judgment call for your son. While the items are technically not included in the lease, your son accepted the property with the items in the cabinet.

If he has enough space to keep them, or at least those with a higher replacement cost, it would be safer to do so. If not, the photos and journal will help him prevail in the event of a dispute.

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