What to Do With a Tenant’s Belongings Left After Move-Out
The notice periods and value limits for property a former tenant leaves behind in California, Florida and Washington, and what a landlord may do with it.
By Seayora Editorial Team · Published · Facts checked · 4 min read
Short answer: A landlord usually cannot simply throw away what a former tenant leaves behind. California requires a written notice giving at least 15 days to reclaim the property after personal delivery, or 18 days after mailing, and lets the landlord keep or dispose of it only if it is worth less than $700. Florida’s procedure uses 10 and 15 days and a $500 threshold, and Washington allows a sale 45 days after notice, or seven days if it is worth $250 or less, except personal papers, family pictures and keepsakes.
Key takeaways
- California: notice with a claim date at least 15 days after personal delivery or 18 days after mailing; under $700, the landlord may keep or dispose of it (Civ. Code §§ 1983, 1988).
- Florida: notice with a claim date at least 10 days after personal delivery or 15 days after mailing; under $500, the landlord may keep or dispose of it (Fla. Stat. §§ 715.104, 715.109).
- Washington: after a tenant abandons with rent unpaid, a sale may follow 45 days after notice, or seven days for property worth $250 or less (RCW 59.18.310).
- Washington never allows the seven-day shortcut for personal papers, family pictures and keepsakes.
- Property worth more than the threshold is sold at a public sale after advertising, and leftover proceeds are not simply the landlord’s.
Can a landlord throw away a former tenant’s belongings?
Not right away in the states with a statute on it. They require a written notice describing the property, saying where and by when it can be claimed and that reasonable storage costs may be charged, and only after that date may the landlord sell, keep or dispose of it. Following the statute matters because it is what protects the landlord from a later claim that the property was converted; California and Florida both limit the landlord’s liability to property handled under the procedure.
| State | Notice gives at least | Keep or dispose without a sale if worth under | Source |
|---|---|---|---|
| California | 15 days after personal delivery; 18 days after mailing | $700 | Civ. Code §§ 1983, 1988 |
| Florida | 10 days after personal delivery; 15 days after mailing | $500 | Fla. Stat. §§ 715.104, 715.109 |
| Washington | 45 days after notice is mailed or delivered (seven days if worth $250 or less) | $250 (not personal papers, family pictures or keepsakes) | RCW 59.18.310 |
What does California require?
The notice must say that storage costs may be charged, where the property may be claimed and the deadline, which must be “not less than 15 days after the notice is personally delivered or, if mailed, not less than 18 days after the notice is deposited in the mail.” It is delivered personally or by first-class mail to the last known address, with a copy to the vacated premises if mailed, and may also be emailed if the tenant gave the landlord an email address (Cal. Civ. Code § 1983). Unclaimed property is sold at a public sale after newspaper notice, unless the landlord reasonably believes it is worth less than $700, in which case the landlord may keep it or dispose of it; sale proceeds left after storage, advertising and sale costs go to the county treasury within 30 days (Cal. Civ. Code § 1988).
What does Florida require?
Florida’s notice goes to the former tenant and anyone the landlord reasonably believes owns the property, and must give a claim date “not fewer than 10 days after the notice is personally delivered or, if mailed, not fewer than 15 days after the notice is deposited in the mail” (Fla. Stat. § 715.104); the statute supplies a form (§ 715.105). Unclaimed property is sold at public sale, advertised once a week for two consecutive weeks, unless the landlord reasonably believes it is worth less than $500 (Fla. Stat. § 715.109).
What does Washington require?
Washington’s rule applies when a tenant defaults in rent and indicates by words or actions that they will not return. The landlord may take and store the property, must make reasonable efforts to send a notice by first-class mail saying where it is stored and when it will be sold or disposed of, and must return it if the tenant asks in writing and pays drayage and storage before then. The sale may happen 45 days after the notice; if the property is worth $250 or less, seven days, except for personal papers, family pictures and keepsakes. Any surplus from a sale is held for the tenant for a year (RCW 59.18.310).
What should a landlord document before moving anything?
- Photograph every room and item before anything is moved, with the date.
- List the property in the notice as specifically as you can; California and Florida protect only property the notice describes, though a locked container may be described as such.
- Keep proof of how and when the notice was delivered or mailed.
- Write down how you estimated the value if you rely on the under-threshold rule.
Frequently asked questions
How long do I have to keep a former tenant’s belongings?
Until the claim date in your notice: at least 15 days after personal delivery or 18 after mailing in California, 10 or 15 days in Florida, and 45 days in Washington, or seven if the property is worth $250 or less.
Can I keep furniture a tenant left behind?
In California if you reasonably believe everything unclaimed is worth less than $700, and in Florida under $500, after the notice period. Above those values the property is sold at a public sale.
Do these rules apply after an eviction?
Florida’s notice rule expressly covers property left after the tenant vacated “through eviction or otherwise,” and California’s chapter covers property remaining when a tenancy terminates. Check whether your state or the officer’s procedure sets a different rule for property left at a lockout.
State-by-state rules
- What are the steps to evict a tenant for unpaid rent? — compared across 21 states and the District of Columbia
Sources
- California Civil Code § 1983, California Legislative Information
- California Civil Code § 1988, California Legislative Information
- Florida Statutes § 715.104, Florida Legislature
- Florida Statutes § 715.105, Florida Legislature
- Florida Statutes § 715.109, Florida Legislature
- RCW 59.18.310, Default in rent — Abandonment — Liability of tenant — Landlord’s remedies, Washington State Legislature
How Seayora helps
Move-in and move-out inspections: Record the move-out with dated photos room by room, so what was left behind is documented before anything is moved.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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