How long does a landlord have to keep a tenant's belongings?
Short answer: Many states require written notice and a storage period before a landlord can sell or throw away property left behind; others have no statute.
Landlords who toss belongings without following the rule can owe the tenant damages.
The rule in every state
Each answer below links to the statute or official page it comes from (48 of 51 jurisdictions verified).
| State | Belongings left behind |
|---|---|
| Alabama | If a tenant leaves property in the unit more than 14 days after the tenancy is terminated under the Act, the landlord has no duty to store or protect it and may dispose of it without obligation. No notice, storage or sale procedure is set out. A unit is also considered abandoned if electric service has been off for seven consecutive days. Ala. Code § 35-9A-423(d)-(e) |
| Alaska | The landlord must notify the tenant of where the property is stored, that the tenant has at least 15 days to remove it (the landlord may allow longer), and what the landlord will do with it if it is not removed. After that: property of sufficient value may be sold at public sale, with a written or printed notice posted in three places within 5 miles of the sale at least 10 days beforehand; perishables may be disposed of; and items may be destroyed or donated if a sale would cost more than they are worth or they do not sell. The landlord must use reasonable care. Storage charges may not exceed the rent if the items are stored in the unit; if a commercial storage company is used, the landlord may charge actual moving and storage costs. A landlord who deliberately or negligently violates these rules may owe up to twice the tenant's actual damages. AS 34.03.260; AS 09.35.140 |
| Arizona | If the tenant abandons the unit, the landlord must send a notice of abandonment by certified mail, return receipt requested, to the tenant's last known address and any known alternate addresses, and post the notice on the door or another conspicuous place for 5 days. A unit counts as abandoned if (1) the tenant has been absent without notice for at least 7 days, rent has been unpaid for 10 days, and nothing suggests the tenant still lives there other than personal property left behind, or (2) the tenant has been absent for at least 5 days, rent has been unpaid for 5 days, and no personal property remains. For property left behind, the landlord must inventory it, notify the tenant where it is stored and what storage costs, and hold it for 14 calendar days with reasonable care. After that, the landlord may sell or donate it. Sale proceeds go first to unpaid rent and costs, and any excess goes to the tenant. Records and any undeliverable excess are kept for 12 months. Perishables, plants, and hazardous items may be disposed of right away, and property of minimal value may be destroyed. Before the property is sold, a tenant who gives written notice has 5 days to reclaim it by paying removal and storage costs. The tenant may retrieve clothing, tools of the trade, and identification and financial documents without paying costs first. If the tenant returned the keys, the landlord may dispose of anything left without liability unless the parties agreed otherwise in writing. The same property rules apply the day after a writ of restitution is executed. A.R.S. §§ 33-1370(A)-(J), 33-1368(E), 33-1314(E)-(G) |
| Arkansas | When a lease ends, voluntarily or involuntarily, any property the tenant leaves on the premises is treated as abandoned, and the landlord may dispose of it as the landlord sees fit without liability to the tenant. The statute requires no notice, storage period, or sale procedure. Property the tenant places on the premises is also subject to a landlord's lien for payments the tenant agreed to make. Ark. Code § 18-16-108 |
| California | When belongings are left after a tenancy ends and the tenant has moved out, the landlord must give written notice to the tenant and to anyone the landlord reasonably believes owns the property. The notice must describe the property, say where it can be claimed, say that reasonable storage costs may be charged, and set a claim deadline at least 15 days after personal delivery or 18 days after mailing. Notice goes by personal delivery or first-class mail to the last known address, with a copy mailed to the vacated unit; email may also be used if the tenant provided an address. The landlord must keep the property on the premises or in safe storage with reasonable care. Property reclaimed within 2 days of move-out from the dwelling must be released without storage charges. Unclaimed property must be sold at a public sale advertised in a newspaper, with leftover proceeds paid to the county, where the owner can claim them within 1 year. If the landlord reasonably believes the total resale value is under $700, the landlord may keep or dispose of it. Property left after a sheriff's eviction lockout follows the same notice, storage, and disposal rules. Cal. Civ. Code §§ 1983-1988; Cal. Civ. Proc. Code § 1174(e)-(l) |
| Colorado | Colorado has no single statute on belongings a residential tenant leaves behind. After an eviction, the officer executing the writ of restitution removes the property. The landlord has no duty to store or inventory it, and is immune from liability if the landlord follows the officer's lawful directions. A landlord who chooses to store the property may charge reasonable storage costs and either let the tenant reclaim it after paying them or dispose of it under the landlord's lien. That lien covers unpaid rent on household goods left on the premises. It does not cover pets, small kitchen appliances, cooking utensils, beds, bedding, necessary clothing, personal or business records, or personal effects. Lien property is presumed abandoned if the owner has not contacted the landlord for at least 30 days. At least 15 days before selling or disposing of it, the landlord must send notice of the manner and date by registered or certified mail (return receipt, addressee only) to the owner's last-known address. If the notice comes back unclaimed, the landlord must publish it in a local newspaper. During an eviction, the officer must hand pets to the tenant or call animal control. Pets may not be left unattended. C.R.S. §§ 13-40-122(2)-(4), (2.5); 38-20-102(3); 38-20-116(1)-(2) |
| Connecticut | Abandoned unit (occupants left without notice and do not intend to return): the landlord may send notice to each occupant's last-known address by both regular mail and certified mail, return receipt requested. The notice must say the landlord (1) believes the unit is abandoned, (2) will re-enter unless the occupant makes contact within 10 days of receiving it, (3) will otherwise remove the belongings and re-rent, and (4) will dispose of anything not reclaimed within 30 days after the notice. It must be in clear, simple language and give the landlord's phone number and mailing address. The landlord must inventory the belongings, remove them, and keep them at least 30 days, then may dispose of them. After an eviction judgment: the state marshal delivers removed belongings to storage designated by the town. If they are not reclaimed and the storage costs are not paid within 15 days, the town sells them at public auction after one week's posted notice. The net proceeds go to the tenant if claimed within 30 days. A deceased sole occupant's belongings follow a separate 60-day probate-court affidavit and inventory process. Conn. Gen. Stat. §§ 47a-11b; 47a-42(c); 47a-11d |
| Delaware | After a writ of possession is executed (24 hours' notice to the occupant), the landlord may remove and store belongings left behind at the tenant's expense for 7 days (30 days for a manufactured home); if they are not claimed and removal/storage costs reimbursed by then, the property is deemed abandoned and may be disposed of without further notice. If an appeal is pending, storage runs until 7 days after the appeal is decided. The writ must carry statutory notice language. Deceased sole tenant: 7-day storage at the estate's expense. 25 Del. C. §§ 5715(b), (e)-(f); 5507(e); 5719(c) |
| District of Columbia | The housing provider must send a final notice at least 21 days before the eviction date (by phone/e-mail/text, first-class mail, and posting) warning that property left in the unit will be deemed abandoned 7 days after the eviction. On eviction day the locks are changed and a second notice is mailed to any emergency contact and posted. Belongings stay in the unit for 7 days (excluding Sundays and federal holidays), with reasonable care; the tenant must be given access for at least 16 hours between 8 a.m. and 6 p.m. over up to 2 days, without paying rent or fees. After 7 days the property is abandoned and may be disposed of, but never placed on the street or in outdoor space other than a lawful disposal site. Missing notices entitle the tenant to an injunction staying the eviction. D.C. Code § 42-3505.01a |
| Florida | After the sheriff executes a writ of possession, the landlord may remove the tenant's belongings to or near the property line, with no liability for loss. For property left after the tenant vacates (by surrender, abandonment or otherwise) the landlord may follow the Disposition of Personal Property Landlord and Tenant Act: written notice describing the property, where to claim it, that storage costs may be charged, and a claim deadline at least 10 days after personal delivery or 15 days after mailing (first-class mail to last known address). Unclaimed property must be sold at public sale after 2 weekly newspaper ads, unless the landlord reasonably believes it is worth under $500, in which case it may be kept or disposed of; surplus proceeds go to the county. A lease (or separate written agreement) with the statutory capitalized legend can relieve the landlord of these storage/disposal duties upon surrender, abandonment, or death of the last tenant. Fla. Stat. §§ 83.62(2), 83.67(5), 715.104, 715.109 |
| Georgia | A writ of possession authorizes removing the tenant and the tenant's belongings; the property may be placed on the landlord's land or other property designated with the executing officer's approval (e.g., sidewalk or street). The landlord is not a bailee and owes the tenant no duty for the property, which is treated as abandoned once the writ is executed. No statutory storage period or sale notice for evicted tenants' belongings. O.C.G.A. § 44-7-55(c) |
| Hawaii | When a tenant has wrongfully quit, or left after a notice to quit or the end of the term, and abandoned belongings the landlord in good faith thinks have value, the landlord may sell them in a commercially reasonable manner, store them at the tenant's expense, or donate them to charity. Before selling or donating, the landlord must mail notice of the items, their location, and the intent to sell or donate to the tenant's forwarding or designated address (or last known address), and may not sell or donate until 15 days after mailing; a sale must be advertised in a daily newspaper for at least 3 consecutive days. Sale proceeds, after accrued rent and storage/sale/advertising costs, are held in trust for the tenant for 30 days, then forfeited to the landlord. Items of no value may be disposed of. Deceased tenant: the landlord must notify the tenant's designated representative (registered mail) or the estate; the tenancy ends 15 days after notice or the paid-through date, whichever is later, after which remaining property may be sold, stored or donated. HRS §§ 521-56, 521-85 |
| Idaho | After a judgment for possession, a residential tenant has 72 hours to remove belongings (7 days for commercial tenants or tracts of 5+ acres). After that period and 3 days after the court's finding, the sheriff restores possession by removing the tenant, and the landlord may remove and dispose of all remaining property (including vehicles removable under § 49-1806), subject to security interests, without compensation to the tenant. The 3-day nonpayment notice must warn the tenant of this removal period. Idaho Code §§ 6-316(2), 6-303(2) |
| Illinois | No statute — Illinois has no general statewide procedure (notice, storage period, sale) for belongings a residential tenant leaves behind. The eviction article (735 ILCS 5/Art. IX, Part 1) and the Landlord and Tenant Act (765 ILCS 705) contain no such section; the lease and local ordinances (e.g., Chicago) govern. 735 ILCS 5/Art. IX, Part 1; 765 ILCS 705 (checked) |
| Indiana | A landlord is not liable for loss of personal property the tenant abandoned (property is abandoned if a reasonable person would conclude the tenant vacated and surrendered it; a lease cannot define abandonment differently). After winning possession in court, the landlord may ask the court for an order allowing removal of the tenant's property. If the tenant does not remove it by the date in the order, the landlord may move it to a warehouseman or court-approved storage facility after personally serving the tenant at the last known address with notice of the order and the storage location. Exempt property (medically necessary items, tools of trade, a week's seasonal clothing, blankets, items for a child's care and schooling) must be released free on demand. The storer holds a lien for storage and related costs; if not claimed within 45 days after notice, the property may be sold. IC 32-31-4-1 to -5 |
| Iowa | No statute — the residential landlord-tenant law (ch. 562A) has no procedure for belongings left in an apartment or house; §562A.29 covers only re-renting an abandoned unit, and the FED judgment/execution sections (§648.22) are silent on personal property. Iowa Code ch. 555B sets a removal, storage, sheriff-notice, and court abandonment process only for abandoned mobile homes and the owner's personal property in or around them. Iowa Code §562A.29; §648.22; ch. 555B (mobile homes) |
| Kansas | If the tenant abandons or surrenders the unit, or is removed by a forcible detainer judgment, and leaves personal property, the landlord may take possession and store it at the tenant's expense and may sell or dispose of it after 30 days, provided that at least 15 days before the sale the landlord publishes once in a county newspaper a notice of intent to sell/dispose, and within 7 days after publication mails a copy to the tenant's last known address. The notice must state the tenant's name, a brief description of the property, and the approximate sale/disposal date. Until sale, the tenant may redeem by paying the landlord's reasonable taking/holding/sale-prep costs and amounts owed. Proceeds go first to those expenses, then to amounts the tenant owes; the landlord may keep any balance. Abandonment may be presumed if the tenant is 10 days behind on rent and has removed a substantial portion of belongings, unless the tenant notifies otherwise. K.S.A. 58-2565(b), (d)-(f) |
| Kentucky | No statute — no Kentucky statute sets a notice/storage/sale procedure for a residential tenant's belongings left after move-out or eviction. KRS 383.670 (URLTA, only where locally adopted) covers re-renting an abandoned unit but not personal property; the forcible detainer sections (KRS 383.200-.285) are silent on belongings. KRS 383.670; KRS Chapter 383 (section list checked) |
| Louisiana | No statute — no Louisiana statute was found setting a notice, storage, or sale procedure for a tenant's belongings. After the required notice to vacate, the landlord may retake possession without further court process on a reasonable belief the tenant abandoned the premises (indicia: ending residential occupancy, returning keys, removing furnishings or other movables). In parishes under a federal disaster declaration, leaving the residence is not evidence of abandonment for 30 days after the declaration; violating that rule entitles the residential tenant to $500 or twice the monthly rent, whichever is greater. La. C.C.P. art. 4731(B)-(C) |
| Maine | Store the property in a safe, dry, secure place. Send written notice by first-class mail with proof of mailing to the tenant's last known address. The notice must include an itemized list of the items and say the landlord may dispose of them if the tenant does not respond within 7 days. If the tenant is still in possession after judgment, the claim period cannot be shorter than 7 days after mailing or 48 hours after the writ is served, whichever is longer. If the tenant claims the property within 7 days, it must be released without payment as long as the tenant retrieves it by day 14. Unclaimed property may be held until arrears and storage are paid, sold at fair market value (any surplus goes to the Treasurer of State), or thrown away if it has no value. The tenant may waive these rights after vacating; an oral waiver must be confirmed in writing. 14 M.R.S. § 6013 |
| Maryland | No statewide storage-and-sale procedure. At eviction, the warrant of restitution directs the sheriff or constable to remove the tenant's belongings. At least 6 days before the scheduled eviction, the landlord must send written notice by first-class mail with certificate of mailing, post it on the front door (with a date-stamped photo), and text or email it if the landlord has that contact information. The notice must include a statutory warning that the tenant could lose all belongings left inside and that local disposal laws vary. A lease may not let the landlord take the tenant's property unless the tenancy has ended and the property was abandoned. Disposal is governed by local law. Md. Code, Real Prop. §§ 8-401(f)(1)(i), 8-407(b), 8-208(d)(6) |
| Massachusetts | After an eviction, an officer who removes the occupant's belongings must store them right away with a licensed, bonded public warehouse within 20 miles, or with a facility the occupant chose in writing. The officer files a receipt describing the goods with the court and gives the occupant a copy. The landlord pays the moving cost, which it can recover from the tenant. Within 7 days the warehouse must issue a receipt explaining reclaim procedures and rates. Storage fees are capped at filed rates, with no add-on fees. The tenant may make one free visit to inspect or take personal or sentimental items. The warehouse may sell only after 6 months; the tenant can delay the sale 3 months by paying half the fees. For a domestic-violence early termination (c. 186, § 24), items left behind are treated as abandoned unless the tenant gives written instructions. G.L. c. 239, § 4; c. 186, § 24(d) |
| Michigan | No storage or notice statute for belongings left behind. At eviction, the writ directs the officer to remove all occupants and personal property and either leave the property in an area open to the public or in the public right-of-way, or deliver it to the sheriff if the sheriff allows. The officer serving the writ decides whether the premises and property are abandoned. MCL 600.5744(1)-(2) |
| Minnesota | If a tenant abandons the unit, the landlord may take the remaining property and must store and care for it. The landlord has a claim for reasonable removal and storage costs. The landlord may sell or dispose of it 28 days after receiving actual notice of the abandonment, or 28 days after it reasonably appears the tenant abandoned the unit, whichever is later. At least 14 days before a sale, the landlord must make reasonable efforts to notify the tenant: personal service in writing, or first-class and certified mail to the last known address, and in either case posting the notice of sale conspicuously on the premises at least two weeks ahead. Sale proceeds may cover costs and deposit-type claims; any surplus goes to the tenant on written demand. A landlord who does not return property within 24 hours of written demand (48 hours, excluding weekends and holidays, in some cases) faces punitive damages. Minn. Stat. § 504B.271 |
| Mississippi | The summons must warn that belongings left behind after a court-ordered move-out may be thrown away. If the tenant leaves by the court's move-out date (normally 7 days after judgment) and leaves property behind, the landlord may dispose of it without further notice. If the tenant is removed under a warrant, the landlord must give reasonable access for 72 hours after the warrant is executed so the tenant can remove property, including a manufactured home. After 72 hours the landlord may move what remains to the curb, a garbage area, or another agreed location, and has no duty to preserve it. Posting the warrant on the door does not count as execution; officers must actually remove the occupants. Miss. Code Ann. §§ 89-8-35(2), 89-8-39(1)-(3) (as amended by 2025 SB 2328); § 89-8-13(6) |
| Missouri | After the tenant abandons the premises, the landlord may remove or dispose of property left behind without liability. The premises count as abandoned only if: (1) the landlord reasonably believes the tenant has moved out and does not intend to return; (2) rent has been due and unpaid for 30 days; (3) the landlord posts a written notice on the premises and mails it to the tenant's last known address by both first-class and certified mail (return receipt requested), using the statutory wording that the landlord may declare the property abandoned and dispose of the tenant's possessions unless the tenant responds in writing within 10 days; and (4) the tenant does not pay rent or respond in writing within 10 days after both the posting and the mailing. No storage period or sale procedure is required by the statute. RSMo 441.065 |
| Montana | If the tenancy ended by court order, property left behind is considered abandoned and may be disposed of immediately as allowed by law. Otherwise, if the landlord has clear and convincing evidence the tenant abandoned all property and at least 48 hours have passed since getting that evidence, the landlord may remove it and immediately discard trash and hazardous, perishable or valueless items (labeled rent-to-own/leased items need the lessor's lien confirmation). Property the landlord reasonably believes is valuable must be inventoried and stored with reasonable care. The landlord must then send written notice (certificate of mailing or certified mail, to the last-known address) that the property will be disposed of on a date at least 10 days after mailing. If the tenant replies in writing that they will collect it but does not within 7 days, it is conclusively abandoned. The landlord may sell it (public or private sale under 30-9A-610 or sheriff's sale rules) or destroy it if storage/sale would cost more than it is worth. Sale proceeds, less notice, storage, labor, sale costs and unpaid rent or damages, go to the tenant with an itemized accounting, or to the county treasurer if the tenant cannot be found. The landlord may charge reasonable storage and moving costs, which must be paid before the tenant takes the property back. Mont. Code Ann. § 70-24-430 |
| Nebraska | Governed by the Disposition of Personal Property Landlord and Tenant Act. The landlord must give the former tenant (and anyone the landlord believes owns the property) a written Notice of Right to Reclaim Abandoned Property describing the property, where to claim it, and a deadline at least 7 days after personal delivery or at least 14 days after mailing; the notice must also say whether the property will be sold at public sale or, if worth under $2,000, may be kept, sold or destroyed. The tenant gets the property back by paying reasonable storage (and advertising) costs before the deadline. Unclaimed property must be sold at a public sale after newspaper notice once a week for two weeks, unless the landlord reasonably believes it is worth less than $2,000, in which case the landlord may keep or dispose of it. Sale proceeds, less storage, advertising and sale costs, go to the State Treasurer as unclaimed property within 30 days. Neb. Rev. Stat. §§ 69-2301 to 69-2314 (esp. 69-2304, 69-2305, 69-2307, 69-2308) |
| Nevada | The landlord must store property left after abandonment or eviction safely for 30 days and may charge reasonable, actual inventory, moving and storage costs before releasing it. After 30 days, the landlord may dispose of it (and recover costs from it) only after making reasonable efforts to locate the tenant, mailing the tenant written notice of the intent to dispose (to the present or last known address), and waiting 14 days after the notice. Vehicles follow the abandoned-vehicle law (NRS ch. 487). For 5 days after an eviction or lockout, the landlord must give the former tenant a reasonable chance to retrieve essential items such as medication, baby formula, basic clothing and personal care items. Disputes over costs or access go to the justice court under NRS 40.253. NRS 118A.460 |
| New Hampshire | The landlord must store a departed tenant's personal property with reasonable care for 7 days after the tenant vacates (voluntarily or by eviction). During those 7 days the tenant may recover it without paying rent or storage fees. After 7 days, the landlord may dispose of it without notice to the tenant. RSA 540-A:3, VII |
| New Jersey | A landlord may dispose of property a tenant left behind only if the landlord reasonably believes the tenant left it with no intent to claim it, and either a warrant for removal has been executed and possession returned, or the tenant gave written notice of voluntarily giving up possession. The landlord must first send written notice by certified mail (return receipt requested) or first-class mail with a certificate of mailing, to the tenant's last known address (which may be the unit) and any other known address, in an envelope marked 'Please Forward'. The notice must say the property is considered abandoned and must be removed by a stated date at least 30 days after delivery or 33 days after mailing, whichever comes first (75/78 days for manufactured or mobile homes); that otherwise the landlord may sell it, or destroy it if its value would not cover storage and sale costs; and that a residential tenant who claims it in time can take it without paying unpaid rent. The landlord must store the property with reasonable care and may charge reasonable storage costs, but may promptly discard perishable food and must let animal control or a humane society take abandoned pets. If the tenant says (in writing or orally) they will collect it but does not do so by the deadline or within 15 days after a written response, whichever is later, or does not respond at all, the property is conclusively abandoned. A sale must follow the UCC (12A:9-601 et seq.). N.J.S.A. 2A:18-72 to 2A:18-84 (esp. 2A:18-72, -73, -74, -75, -76, -78) |
| New Mexico | Not verified yet |
| New York | Not verified yet |
| North Carolina | After eviction: once the landlord is put in possession by a writ, the landlord must hold the property for 7 days, may move it for storage but may not discard or sell it during that period, and must release it on the tenant's request. After 7 days the landlord may dispose of it or sell it. A sale requires written notice to the tenant by first-class mail at least 7 days before the sale, giving the date, time, and place and stating that any surplus goes to the tenant on request and then to the county. If the property is worth less than $500 in total, it is deemed abandoned 5 days after the writ is executed. For property worth $750 or less that is abandoned or left at an eviction, the landlord may instead give it to a nonprofit that stores it for 30 days and releases it free to the tenant. This option requires posting a notice at the unit and the rent office (30 days) and mailing it to the tenant. Abandonment is presumed 10+ days after the landlord posts a notice of suspected abandonment inside and outside the unit with no response. N.C. Gen. Stat. § 42-25.9(d)-(h); § 42-36.2 |
| North Dakota | If the property left behind is worth $2,500 or less in total, the landlord may keep it and dispose of it without going to court, 28 or more days after getting actual notice that the tenant has moved out, or 28 or more days after it reasonably appears the tenant has moved out. The landlord keeps any sale proceeds. Storage and moving costs beyond those proceeds can come out of the security deposit. If the landlord removes the property after an eviction judgment and after the special execution has been served, the landlord has a lien for reasonable storage and moving costs and may hold the property until they are paid. N.D.C.C. § 47-16-30.1 |
| Ohio | No statute for ordinary residential tenancies. Ohio Rev. Code chapters 5321 and 1923 set no notice, storage, or sale procedure for a tenant's belongings left in an apartment or house. Detailed rules exist only for manufactured homes, mobile homes, RVs, and personal property in manufactured home parks. Ohio Rev. Code ch. 5321; §§ 1923.12-1923.14 (manufactured home parks only) |
| Oklahoma | Applies after the tenant abandons or surrenders the unit or is lawfully evicted. Property the landlord judges to have no apparent value, and perishables, may be disposed of right away without liability. For property with apparent value, the landlord must send written notice by certified mail to the tenant's last-known address saying the property will be deemed abandoned if it is not removed by the date in the notice. Property left with the landlord 30 days or longer is conclusively abandoned and may be disposed of in any reasonable manner. While storing it, the landlord must use reasonable care. Storage in the unit may cost no more than the fair rental value; commercial storage costs the actual charges. A tenant who reclaims the property in time pays storage and other accrued costs. A landlord who deliberately or negligently violates these rules is liable for actual damages. 41 O.S. § 130 |
| Oregon | Before storing, selling or disposing of abandoned property the landlord must give written notice by personal delivery or first-class mail (to the premises, any known P.O. box and any forwarding address) stating the property is considered abandoned, where it is stored, and a date to contact the landlord: not less than 5 days after personal delivery or 8 days after mailing (45 days for manufactured dwellings/floating homes). Landlord must store goods with reasonable care and may charge reasonable storage costs (not after a sheriff's restitution). If the tenant responds, landlord must make the property available for 15 days (30 for dwellings/homes). If unclaimed, property is conclusively presumed abandoned and may be sold at public or private sale or, if low value, disposed of. ORS 90.425 |
| Pennsylvania | Property may be deemed abandoned if the tenant vacated after a written lease ended; an eviction/possession order was entered and the tenant vacated and removed substantially all property; an eviction order was executed; the tenant gave a forwarding address and vacated; or the tenant vacated without intent to return, rent is 15+ days late, and the landlord posted notice of the tenant's rights. Before removing or disposing, the landlord must send written notice by first-class mail to the premises and any forwarding/emergency address, substantially in the statutory form. The tenant has 10 days from the postmark to retrieve the property or ask that it be stored up to 30 days from the notice date (tenant pays storage; landlord must use ordinary care). If the landlord knows of a protection-from-abuse order, it must hold the property 30 days. Never dispose of property in inhabited premises. Violations: treble damages and attorney fees. Deceased tenants' property goes through probate law instead. 68 P.S. 250.505a (Landlord and Tenant Act s. 505.1) |
| Rhode Island | Not verified yet |
| South Carolina | If the unit is abandoned or the lease has ended and the tenant removed a substantial portion of belongings or permanently shut off utilities, and the property left behind is worth $500 or less, the landlord may enter (by force if needed) and dispose of it; otherwise the landlord may remove property only through the ejectment process (27-37-10 to -150). Belongings put on a public street after an eviction are removed by municipal/county officials after 48 hours (excluding weekends and holidays), or by the landlord as trash where no public collection exists; the eviction notice must tell the tenant this. No statutory storage period or sale procedure. Abandonment is presumed after 15 days' unexplained absence following rent default (immediately if the tenant shut off utilities). S.C. Code 27-40-730; 27-40-710(D) |
| South Dakota | Property with a total reasonable value of $500 or less left on residential premises for 10 days after the tenant quits is presumed abandoned and the landlord may dispose of it. Property worth more than $500 must be stored by the landlord, who has a lien for handling and storage costs; after storing it for 30 days or more the landlord may treat it as abandoned and dispose of it. No notice to the tenant is required by statute. SDCL 43-32-25; 43-32-26 |
| Tennessee | URLTA counties: 30+ days' unexplained absence without paying rent is prima facie abandonment, and the landlord may re-enter. Alternatively, rent 15 days late plus other signs of permanent move-out (e.g., removal of substantially all belongings or tenant shutting off utilities) is prima facie abandonment, but the landlord must first post a notice at the unit and mail it by regular mail to the unit address stating: the landlord believes the unit is abandoned; will re-enter unless the tenant makes contact within 10 days; will then remove belongings and re-rent; and will dispose of belongings not reclaimed within 30 days - with a phone number and mailing address. If the tenant responds and wants to stay, the landlord must go to court. In either case the landlord must remove and store the belongings for at least 30 days; unclaimed property may then be sold or disposed of, with proceeds applied to rent, damages, storage, sale costs and attorney fees, and any balance held 6 months. T.C.A. 66-28-405 |
| Texas | No general abandoned-property procedure; the lease largely governs. A landlord may remove the contents of premises abandoned by a tenant (an exception to the lockout ban). Seizure of property for unpaid rent under the landlord's lien requires an underlined/bold lien clause in a written lease, a peaceful seizure, a notice and itemized list left in the unit, and before any sale at least 30 days' notice by first-class and certified mail; surplus proceeds go to the tenant within 30 days. Deceased sole tenant: landlord may remove and store property and may discard it if the designated contact fails to remove it within 30 days after a certified-mail request (unless the lease sets another procedure). Tex. Prop. Code Sec. 92.0081(b)(2); 54.041-54.046; 92.014 |
| Utah | Abandonment is presumed if the tenant gave no notice of absence and either fails to pay rent within 15 days after the due date with no evidence of occupancy other than belongings, or fails to pay and has removed belongings. If belongings are left, the owner may remove and store them and recover actual moving and storage costs; the owner must post a notice on the premises and send it by first-class mail to the tenant's last known address stating the property is considered abandoned. The tenant may retrieve it within 15 calendar days of the notice by paying inventory, moving and storage costs (written demand with proof of ownership). After 15 days in storage with no reasonable recovery effort and no pending hearing, the owner may sell it at public sale (proceeds applied to amounts owed; surplus handled as unclaimed property) or donate it if commercially reasonable. No duty to store hazardous materials, animals, garbage, or perishables; motor vehicles are excluded. Utah Code 78B-6-815; 78B-6-816 |
| Vermont | A unit is abandoned if a reasonable person would believe it is no longer occupied full-time, rent is not current, and the landlord has made reasonable efforts to learn the tenant's intentions. For unclaimed property (other than trash) after abandonment, the landlord must store it in a safe, dry, secured place and mail written notice to the tenant's last known address that it will be disposed of after 60 days unless claimed. The tenant claims it by giving a reasonable written description and paying reasonable storage and related costs within 60 days; otherwise it becomes the landlord's property. Property left after the tenant gave actual notice of vacating, or moved out at the end of the rental agreement, may be disposed of without notice or liability. 9 V.S.A. § 4462 |
| Virginia | After the rental agreement ends and possession is delivered, property left in the unit, premises or landlord storage may be treated as abandoned and disposed of as the landlord sees fit, if the landlord gave one of: (i) a termination notice stating that property left would be disposed of within 24 hours after termination; (ii) a § 55.1-1249 notice (absence/abandonment) stating property would be disposed of within 24 hours after the 7-day notice period; or (iii) a separate written notice stating property would be disposed of 24 hours after a 10-day period. The tenant may retrieve property at reasonable times until disposal. Sale proceeds go first to amounts owed and costs; any remainder is treated as a security deposit. Does not apply after a writ of eviction is executed. Deceased sole tenant: 10 days' written notice to the authorized contact (or the tenant) before disposal. Va. Code § 55.1-1254; § 55.1-1256 |
| Washington | If the tenant defaults in rent and indicates by words or actions an intent not to return, the landlord may take possession of the tenant's property and store it securely, and must make reasonable efforts (first-class mail to the last known and any other known address) to notify the tenant of where it is stored, the planned sale/disposal date, and the right to reclaim it on payment of the lesser of actual or reasonable moving and storage costs. Sale or disposal may occur 45 days after the notice is mailed or delivered (7 days if the total value is $250 or less, except personal papers, family pictures and keepsakes). Excess sale proceeds are held for the tenant for one year. Separate rules apply to a deceased sole tenant's property (two notices; sale/disposal at least 45 days after the second notice) and to property removed under a writ of restitution. RCW 59.18.310; RCW 59.18.595; RCW 59.18.312 |
| West Virginia | If a tenant behind on rent abandons the unit, the landlord posts a written notice on the property requiring payment within one month; if unpaid, the landlord may take possession. To dispose of belongings, the landlord must post a written notice on the property and send it by first-class mail with a certificate of mailing, marked 'Please Forward', to the unit, any known P.O. box, and any forwarding address. The notice must say the property is considered abandoned, that belongings must be removed by a date at least 30 days after mailing (60 days if the tenant said they are on active military duty), and that unremoved property becomes the landlord's. If the property is worth more than $300 and the tenant or a secured party says they intend to remove it, the landlord must store it up to 30 more days, at their cost for reasonable storage and removal. W. Va. Code § 37-6-6 |
| Wisconsin | If a tenant moves out or is evicted and leaves property, the landlord may presume it abandoned (absent a written agreement otherwise) and dispose of it in any manner it chooses, but only if the landlord gave written notice at lease signing or renewal that it will not store left-behind property; otherwise the older 2009 storage rules apply. Exceptions: prescription medication and medical equipment must be held 7 days; for a manufactured/mobile home or titled vehicle, the landlord must first give notice of intended disposal to the tenant and any known secured party (personally or by regular or certified mail). Sale proceeds, minus costs and storage, may be sent to the Department of Administration. The tenant or secured party may redeem before disposal by paying the landlord's expenses. Wis. Stat. 704.05(5) |
| Wyoming | After lawfully regaining possession, the owner may immediately dispose of trash and property reasonably believed hazardous, perishable, or valueless; property left in the unit is presumed valueless and abandoned. Valuable property may be removed and stored; the owner must give written notice describing it and stating it will be disposed of 7 days after service unless the renter takes it or notifies the owner in writing of intent to take it. Notice is served by certified mail to an address the renter gave for this purpose, by personal service under W.R.C.P. 4, or by newspaper publication in the county. If the renter responds in writing, the owner holds it 7 more days; otherwise it is conclusively abandoned and may be kept or disposed of. The owner may charge reasonable or actual storage and removal costs before release and is not liable for loss in storage. Wyo. Stat. 1-21-1210 |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.