Nolo was born in 1971 as a publisher of self-help legal books. Guided by the motto “law for all,” our attorney authors and editors have been explaining the law to everyday people ever since. Learn more about our history and our editorial standards.
Each article that we publish has been written or reviewed by one of our editors, who together have over 100 years of experience practicing law. We strive to keep our information current as laws change. Learn more about our editorial standards.
Whether a tenant moves out voluntarily or after an eviction, landlords often find themselves not only cleaning up and repairing damage, but also dealing with personal property left behind. Usually, this will just be trash that the tenant doesn't want, such as old food, cleaning supplies, and broken furniture. Landlords are free to dispose of trash left behind in a rental. However, dealing with abandoned belongings that have value—such as a bicycle, jewelry, clothes, or furniture—is another story.
In some states, landlords can face serious penalties and liability when they dispose of a tenant's abandoned personal property (other than obvious trash) without first following certain procedures.
Every state has its own laws on handling abandoned property, so it's critical for landlords to research their state's laws on:
Also, landlords should be aware that sometimes state rules on abandoned property vary based on the tenant's reasons for leaving the rental.
A landlord's options for handling abandoned property might depend on the circumstances of the tenant's departure.
When you read your state's law, be on the lookout for differing procedures based on the reason for the tenant's departure.
Many states require landlords to provide tenants written notice about any property left at the rental. Some states even provide (usually within the statute) a form or language that landlords should use to give notice.
A typical notice will give the tenant a set amount of time (usually 7 to 10 days) to reclaim the property. Many states require additional information in the notice, such as:
Even if state law doesn't require landlords to provide a notice of abandoned property, sending a notice anyway can help protect a landlord from a tenant's claim that the landlord improperly took the property.
When a former tenant doesn't respond to an abandoned property notice, the landlord must determine what steps they can take to remove the property. Depending on state law, landlords might be able to sell the property to cover the costs of unpaid rent or damage to the property. Other states might require landlords to give the property to the state.
If your state legislates the disposal of abandoned property, look for rules about:
In some states, the law is clear that landlords are pretty much free to do what they want: throw the property out, sell it, or donate it. However, if your state law is silent on what to do with a tenant's abandoned property, it's a good idea to consult with a local landlord-tenant lawyer before disposing of anything of value to protect yourself against any potential future claims from the tenant.
If your state requires you to store and sell a tenant's abandoned property, it most likely allows you to keep enough proceeds from the sale to cover the costs of storage and advertising and executing the sale.
You might not be able to keep the rest of the proceeds, though—in many states, any remaining proceeds belong to the tenant or to the state. Even if your tenant left owing you rent or damaged your rental, it's risky to hold the funds without a court order that makes it clear the tenant owes you funds.
The bottom line is don't keep sale proceeds without a clear understanding of your state's law.
State rules on abandoned property don't apply to the following types of property:
Most courts won't hold a landlord liable for damage to a tenant's abandoned property, unless the damage results from the landlord's willful destruction or negligence. However, to be safe, use reasonable care in moving and storing a tenant's belongings until you're legally able to sell or dispose of them.
To learn your state's exact rules on dealing with abandoned property, you'll need to look up the law yourself or get professional help.
Doing your own research. Nolo's chart, State Laws on Handling Abandoned Property, lists each state's abandoned property laws, and is a good place to begin your research. If, after reading the laws, you don't find a statute covering notice requirements, there's one more step to take: In some states, courts have stepped in to create notice rules. That means you should find and read any cases that have interpreted your state's abandoned property statutes. For tips on researching, see Nolo's Legal Research section.
Contacting a landlords' association. If you're a landlord, you can often get good information and advice by talking with other landlords. You might want to search online for your local or state rental property associations. One place to begin your search is the National Apartment Association, an organization whose members include many state associations. Also, the National Multifamily Housing Council offers many opportunities for networking and information sharing.
Getting a lawyer's help. A qualified lawyer can help you find and understand the rules that apply to your situation. It's particularly wise to consult a lawyer if you think the abandoned property might be very valuable or if you have any reason to believe the tenant might cause problems later. A good lawyer can help you protect yourself from claims that you have stolen or destroyed a tenant's property.