Question 1

What can a landlord do with a tenant’s belongings left behind in California?

Accepted Answer

In California, a landlord must give written notice describing personal property left after a tenant vacates and stating where and by what date it may be claimed, a date at least 15 days after personal delivery or 18 days after mailing, must store it with reasonable care until then, and must sell unclaimed property at a public sale after newspaper notice unless it reasonably believes the property is worth less than $700, in which case it may keep or dispose of it. The notice must tell the person that reasonable storage costs may be charged before the property is returned, and a copy mailed to the former tenant must also go to the vacated premises; it may also be emailed if the tenant gave the landlord an email address. A former tenant who reclaims property left in the dwelling within two days of vacating pays no storage. After the costs of storage, advertising and sale are deducted, any unclaimed balance of the sale proceeds is paid into the county treasury within 30 days, and the former tenant or other owner may claim it within one year. After an eviction, the landlord stores property remaining on the premises, releases it if the tenant pays the storage costs and claims it by the date in the writ of possession, and disposes of unclaimed property under the same public-sale rule. This is Cal. Civ. Code §§ 1983, 1986, 1987, 1988; Cal. Code Civ. Proc. § 1174.

Question 2

What can a landlord do with a tenant’s belongings left behind in Texas?

Accepted Answer

In Texas, a landlord may remove the contents of a unit the tenant has abandoned, but property seized under the landlord’s lien may be sold or disposed of only if a written lease authorizes it, after notice to the tenant by first class and certified mail at least 30 days before the sale. A landlord may seize only nonexempt property, only if a written lease authorizes it and it can be done without a breach of the peace, and must immediately leave a written notice and an itemized list of what was removed in a conspicuous place in the dwelling. The sale notice must give the date, time and place of the sale, an itemized account of what the tenant owes, and a contact for the sale, the amount owed and the tenant’s right to redeem. The tenant may redeem the property at any time before the sale by paying the delinquent rent and any packing, moving, storage and sale costs the lease authorizes. Sale proceeds go first to delinquent rent and lease-authorized costs, and any remainder must be mailed to the tenant within 30 days after the sale. After an eviction judgment, the officer executing the writ of possession has the tenant’s personal property removed and placed outside the unit, may use a bonded or insured warehouseman, and may not require the landlord to store the property. This is Tex. Prop. Code §§ 54.044, 54.045, 24.0061.

Question 3

What can a landlord do with a tenant’s belongings left behind in Florida?

Accepted Answer

In Florida, once the sheriff executes a writ of possession, the landlord may remove any personal property found on the premises to or near the property line and is not liable for its later loss, and for belongings left behind after a tenancy ends the landlord may follow an optional procedure of written notice giving the tenant at least 10 days to claim them if the notice is delivered in person or 15 days if it is mailed. The landlord may ask the sheriff to stand by to keep the peace while the locks are changed and the property removed, at a reasonable hourly rate paid by the person asking. Under the optional procedure, the notice must describe the property, say where and by what date it may be claimed, and say that reasonable storage costs may be charged; unclaimed property is sold at a public sale advertised once a week for 2 consecutive weeks, unless the landlord reasonably believes its total resale value is less than $500, in which case the landlord may keep it or dispose of it in any manner. Sale proceeds left after storage, advertising and sale costs that nobody claims are paid into the county treasury within 30 days of the sale, and may be claimed from the county within 1 year. A landlord may not remove a tenant’s personal property except after surrender, abandonment, recovery of possession after the last remaining tenant’s death, or a lawful eviction, and a rental agreement carrying the statutory legend can excuse the landlord from the notice procedure and from liability for storing or disposing of property after surrender or abandonment. This is Fla. Stat. §§ 83.62, 715.104, 715.109, 83.67.

Question 4

What can a landlord do with a tenant’s belongings left behind in Pennsylvania?

Accepted Answer

In Pennsylvania, a landlord must mail the tenant written notice of their rights before removing or disposing of property left behind, and the tenant has ten days from the postmark to retrieve it or ask that it be stored for up to thirty days at the tenant’s cost. Property may be deemed abandoned only in the situations the statute lists, such as the tenant vacating after a written lease ends, an executed eviction order, or the tenant vacating without communicating an intent to return with rent more than fifteen days past due and the landlord having posted notice of the tenant’s rights. The notice goes by first class mail to the leased premises and to any forwarding or emergency address the tenant gave, in substantially the form the statute sets out. The landlord must exercise ordinary care with the property and make it reasonably available for retrieval. Where the landlord knows of a protection from abuse order for the tenant or the tenant’s immediate family after an eviction order is executed, the landlord may not dispose of the property for thirty days from the date of the notice. Except for that protection from abuse rule, the terms of a written lease control if they conflict with the section. A landlord that violates the section is subject to treble damages, reasonable attorney fees and court costs. The section does not apply where the tenant has died; the decedents’ estates law governs instead. This is 68 P.S. § 250.505a.

Question 5

What can a landlord do with a tenant’s belongings left behind in Georgia?

Accepted Answer

In Georgia, a writ of possession authorizes removing the tenant’s personal property and placing it on part of the landlord’s property or other property the landlord designates and the executing officer approves, the landlord owes the tenant no duty for it, and after the writ is executed the property is regarded as abandoned. The landlord is not a bailee of the personal property removed under the writ. The writ is issued to take effect at the expiration of seven days after the judgment is entered, except as otherwise provided for appeals. This is O.C.G.A. § 44-7-55.

Question 6

What can a landlord do with a tenant’s belongings left behind in North Carolina?

Accepted Answer

In North Carolina, after a writ of possession is executed, a landlord must hold the tenant’s remaining belongings for 7 days, releasing them on request, and may then throw away, dispose of or sell them, giving at least 7 days’ written notice by first-class mail before any sale. During the seven-day period the landlord may move the property for storage but may not throw away, dispose of or sell it. The notice of sale must state the date, time and place of the sale and that any surplus after unpaid rent, damages, storage fees and sale costs will be paid to the tenant on request within seven days after the sale and then delivered to the government of the county where the rental property is located, and the seven-day notice of sale may run concurrently with the seven-day holding period. If all the property left at execution of the writ is worth less than five hundred dollars ($500.00), it is deemed abandoned five days after execution and the landlord may throw it away or dispose of it. Property worth seven hundred fifty dollars ($750.00) or less that is abandoned, or left at execution of the writ, may instead be delivered to a nonprofit that agrees to store it separately for 30 days and release it to the tenant free, with notice of the recipient posted at the premises, posted for 30 days or more where rent is received, and mailed first class to the tenant. For that nonprofit option, abandonment is presumed 10 or more days after the landlord conspicuously posts a notice of suspected abandonment inside and outside the premises and receives no response. Before removing property under a writ, the sheriff must notify the tenant that failure to request possession of the property within seven days of execution may result in it being thrown away, disposed of or sold. This is N.C. Gen. Stat. §§ 42-25.9, 42-36.2.

Question 7

What can a landlord do with a tenant’s belongings left behind in Michigan?

Accepted Answer

In Michigan, a landlord who believes in good faith that the tenant has abandoned the premises, has reason after diligent inquiry to believe the tenant does not intend to return, and has not been paid current rent may retake possession, including removing the tenant’s property, without it counting as unlawful interference, and no statute sets a notice or storage period. Otherwise, removing, keeping or destroying a tenant’s personal property is unlawful interference with possession, for which the tenant may recover actual damages or $200, whichever is greater, for each occurrence. On an eviction, the writ of restitution commands the court officer, bailiff, sheriff or police officer serving it to remove all occupants and all 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 as the sheriff authorizes, and the officer serving the writ decides whether the premises and property have been abandoned. When a landlord believes in good faith that a tenant has been deceased for at least 18 days with no surviving tenant and current rent is unpaid, the landlord must post a notice on the door, notify the county public administrator (or, if none, the state public administrator) and, where the tenant gave contact information, make a reasonable attempt to contact the authorized person, at least 10 days before reentering to take possession and dispose of the contents. This is MCL 600.2918, 600.5744.

Question 8

What can a landlord do with a tenant’s belongings left behind in New Jersey?

Accepted Answer

In New Jersey, a landlord may dispose of property a tenant left behind only after a warrant for removal has been executed or the tenant gave written notice of giving up the premises, and only after sending a written notice that the property must be removed by a date at least 30 days after delivery or 33 days after mailing, whichever comes first, or it will be sold or disposed of. The landlord must reasonably believe the tenant left the property with no intention of claiming it or the premises. The notice goes by certified mail, return receipt requested, or by first class mail with a certificate of mailing, to the tenant’s last known address (which may be the premises) and any alternate address known to the landlord, in an envelope endorsed "Please Forward"; for a manufactured or mobile home the period is at least 75 days after delivery or 78 days after mailing, and copies go to the Division of Motor Vehicles and recorded lienholders. The notice must also say that a residential tenant who claims the property in time may remove it without paying any unpaid rent. After giving notice the landlord must store the property in a place of safekeeping with reasonable care, may promptly dispose of perishable food, and must let an animal control agency or humane society remove abandoned pets or livestock. A tenant who removes the property must reimburse reasonable storage and removal costs, capped at local fair market value. If the tenant does not respond in time, or says the property will be removed but does not remove it within the notice period or 15 days after the response, whichever is later, it is conclusively presumed abandoned and may be sold at a public or private sale under the Uniform Commercial Code, or destroyed if the cost of storage and sale would probably exceed what a sale would bring. The landlord may deduct the reasonable costs of notice, storage and sale and any unpaid rent and charges not covered by the security deposit from the proceeds, and must send the rest to the tenant with an itemized accounting; if the tenant cannot be found after due diligence, the remainder is deposited with the Superior Court and escheats to the State if not claimed within 10 years. A landlord who seizes and keeps a tenant’s property without following these rules loses the right to storage and removal costs and is liable for up to twice the tenant’s actual damages. The rules do not apply to abandoned motor vehicles. This is N.J.S.A. 2A:18-72, 2A:18-73, 2A:18-74, 2A:18-75, 2A:18-76, 2A:18-77, 2A:18-78, 2A:18-80, 2A:18-82.

State	Belongings left behind	Source
Alabama	May dispose of it 14 days after termination	Ala. Code § 35-9A-423
Alaska	Notify, then hold at least 15 days before sale	Alaska Stat. § 34.03.260
Arizona	Inventory, notify, then hold 14 calendar days	A.R.S. §§ 33-1370, 33-1368
Arkansas	May dispose of it once the lease ends	Ark. Code §§ 18-16-108, 18-17-913, 18-60-310
California	Notify, hold 15 days (18 if mailed), then sell	Cal. Civ. Code §§ 1983, 1986, 1987, 1988; Cal. Code Civ. Proc. § 1174
Colorado	No duty to store property removed on eviction	C.R.S. §§ 13-40-122, 38-20-102, 38-20-116
Connecticut	Notify, then keep belongings 30 days	Conn. Gen. Stat. §§ 47a-11b, 47a-42
Delaware	Store 7 days after the writ, then dispose	25 Del. C. §§ 5715, 5507
District of Columbia	Warn 21 days ahead, then hold 7 days in the unit	D.C. Code § 42-3505.01a
Florida	Remove to the property line once the writ is executed	Fla. Stat. §§ 83.62, 715.104, 715.109, 83.67
Georgia	Abandoned once the writ of possession is executed	O.C.G.A. § 44-7-55
Hawaii	Mail notice, then sell or donate after 15 days	Haw. Rev. Stat. § 521-56
Idaho	Dispose once the 72-hour removal window ends	Idaho Code § 6-316
Indiana	Court order and served notice, then 45 days to sale	Ind. Code §§ 32-31-4-1, 32-31-4-2, 32-31-4-3, 32-31-4-4, 32-31-4-5, 32-31-5-5
Kansas	Store 30 days; publish notice 15 days before sale	K.S.A. 58-2565
Maine	Store it, mail an itemized notice, wait 7 days	14 M.R.S. § 6013
Massachusetts	Evicted tenant’s goods go to a warehouse for 6 months	M.G.L. c. 239, §§ 3, 4
Michigan	No hold period once the unit is truly abandoned	MCL 600.2918, 600.5744
Minnesota	Store 28 days; 14 days’ notice before a sale	Minn. Stat. § 504B.271
Mississippi	No notice; 72 hours’ access after a removal warrant	Miss. Code § 89-8-39
Missouri	Post and mail notice, then wait 10 days	Mo. Rev. Stat. § 441.065
Montana	Store valuables; 10 days’ written notice before sale	Mont. Code Ann. § 70-24-430
Nebraska	Written notice, then 7 days (delivered) or 14 (mailed)	Neb. Rev. Stat. §§ 69-2303, 69-2304, 69-2306, 69-2308, 69-2311, 76-1414
Nevada	Store 30 days; written notice 14 days before disposal	NRS 118A.460
New Hampshire	Store 7 days, then dispose without notice	RSA 540-A:3, VII
New Jersey	Notify, then hold 30 days (33 if mailed) before sale	N.J.S.A. 2A:18-72, 2A:18-73, 2A:18-74, 2A:18-75, 2A:18-76, 2A:18-77, 2A:18-78, 2A:18-80, 2A:18-82
New Mexico	After abandonment: store 30 days, 30 days’ notice	N.M. Stat. Ann. § 47-8-34.1
North Carolina	Hold 7 days after eviction; 7 days’ notice of sale	N.C. Gen. Stat. §§ 42-25.9, 42-36.2
North Dakota	Wait 28 days after move-out, then dispose	N.D. Cent. Code § 47-16-30.1
Oklahoma	Certified-mail notice; abandoned after 30 days	41 O.S. § 130
Oregon	Notice, 5 or 8 days to respond, then 15 days to remove	ORS 90.425
Pennsylvania	Mail notice, then hold 10 days (30 if asked)	68 P.S. § 250.505a
South Carolina	Dispose of $500 or less at once; more needs ejectment	S.C. Code § 27-40-730
South Dakota	Wait 10 days ($500 or less) or store 30 days	SDCL §§ 43-32-25, 43-32-26
Tennessee	Store 30 days; notice with 10 days to respond first	Tenn. Code §§ 66-28-405, 66-28-102
Texas	Sale only if the lease allows, after 30 days’ notice	Tex. Prop. Code §§ 54.044, 54.045, 24.0061
Utah	Post and mail notice, then hold 15 calendar days	Utah Code §§ 78B-6-816, 78B-6-812
Vermont	Mail notice, then hold 60 days	9 V.S.A. § 4462; 12 V.S.A. § 4854a
Virginia	Written notice, then disposal 24 hours after it runs	Va. Code §§ 55.1-1254, 55.1-1249, 55.1-1255
Washington	Mail notice, then hold 45 days (7 if $250 or less)	RCW 59.18.310; RCW 59.18.312
West Virginia	Post and mail notice, then allow at least 30 days	W. Va. Code §§ 37-6-6, 55-3A-3
Wisconsin	May dispose at once if the lease notice was given	Wis. Stat. §§ 704.05, 799.45
Wyoming	Written notice, then hold 7 days	Wyo. Stat. § 1-21-1210

What can a landlord do with a tenant’s belongings left behind?

Belongings left behind, state by state

The answer in full, for the biggest rental markets