Each state has rules and requirements regarding tenant belongings that must be followed after an eviction. Throwing away, destroying, or selling tenant belongings without following the proper steps can lead you back into the courtroom with a lawsuit on your hands.
Identify the Cause of the Tenant Leaving
Eviction may not be the only cause a tenant has left a property. Sometimes, tenants abandon the property for a variety of reasons including going to jail. Landlord requirements for handling the personal property of the tenant may vary depending on whether the tenant was evicted or abandoned. Check out the differences below.
Abandonment
The timeline for your property to be considered “abandoned” varies by state law. However, abandonment is typically defined by a lack of rent payment, a vacant property, and an inability to contact the tenant.
Even if you think no one is around, you must still follow all landlord-tenant laws including giving notice to enter the property. After you have given notice and taken a look around to determine if the property is truly abandoned, you should check your local laws regarding how to handle the situation.
Eviction
Typically, an eviction occurs after a tenant has received written notice to move out of the rental unit. This may be due to actively violating the lease/rental agreement or past-due rent. Eviction processes also can be applied to removing a squatter.
If the tenant fails to comply within the deadline given on the notice, landlords can file an eviction action with the appropriate court, the judicial officer rules to formally evict the tenant from the property, and an eviction order is issued that allows the tenant, and their belongings, to be physically removed from the rental unit.
Many times, a law enforcement officer is present during the tenant move-out and can help ensure the tenant removes all items of value.
The remainder of this article only addresses what to do with belongings left behind by tenants who have been evicted from the rental unit.
5 Steps to Legally Remove Tenant Belongings After an Eviction
- Document Everything
- Take Inventory of the Tenant’s Property
- Give the Tenant Notice
- Determine How to Store the Tenant’s Belongings
- Dispose of the Tenant’s Belongings
1. Document Everything
Throughout the eviction process, landlords need to be sure they have documented everything, every step of the way. Clear documentation can help show you have done your due diligence should you end up back in court. Using a platform with a timestamp, such as Google Docs, may be a good option. Be sure to include:
- Time/date
- Action taken
- Who you contacted or spoke with and the result
2. Take Inventory of the Tenant’s Property
Create a list of each item left behind and be as detailed as possible in your description. You do not want to have a tenant come back and say you damaged their personal property.
Use your phone camera to document each item and the overall condition of the space when you find it. This can help to protect your liability for broken or damaged items and help you make a case for discounting from the security deposit if your home is damaged beyond normal wear and tear.
3. Give the Tenant Notice
Many states require landlords to give their tenants written notice to pick up their belongings before they can be sold or disposed of. Even if this isn’t a requirement in your state, it’s still a good idea to give your former tenant the ability to pick up their things by a certain deadline.
Your notice should include:
- A description of each of the items left behind (if required)
- How long the tenant has to pick up their belongings before they’ll be put in storage and/or disposed of (as determined by your state’s laws)
- Where the tenant can pick up their items
- Whether the tenant is liable for storage costs (depending on your state’s laws)
How Long Do Landlords Have to Keep an Evicted Tenant’s Belongings?
The amount of time required in the notice varies from state to state. Check out the list below for the requirements in your area.
| State | Time requirement |
| Alabama | 14 days |
| Alaska | 15 days after notice |
| Arizona | 14 days |
| Arkansas | No Statute |
| California |
|
| Colorado | 15 days after notice |
| Connecticut | 30 days after notice |
| Delaware | 7 days after notice |
| Florida |
|
| Georgia | No Statute |
| Hawaii | 15 days after notice |
| Idaho | Must obtain court permission during eviction procedures |
| Illinois | 7 days |
| Indiana | 90 days after notice |
| Iowa | No Statute |
| Kansas | 30 days |
| Kentucky | No Statute |
| Louisiana | No Statute |
| Maine | 7 days after notice |
| Maryland | No Statute |
| Massachusetts | No Statute |
| Michigan | No Statute |
| Minnesota | 28 days |
| Mississippi | No Statute |
| Missouri | 10 days after notice |
| Montana | 10 days after notice |
| Nebraska |
|
| Nevada | 30 days |
| New Hampshire | 7 days after notice |
| New Jersey |
|
| New Mexico | 30 days after notice |
| New York | No Statute |
| North Carolina |
|
| North Dakota | 28 days |
| Ohio | No Statute |
| Oklahoma | 15 days |
| Oregon | 15 days after notice |
| Pennsylvania | 10 days to claim after notice |
| Rhode Island | “Reasonable” |
| South Carolina |
|
| South Dakota | 30 days |
| Tennessee | 30 days |
| Texas | No Statute |
| Utah | 15 days after notice |
| Vermont | 15 days after notice |
| Virginia | 10 days to respond to notice, additional 24 hours to collect (unless otherwise noted in the lease) |
| Washington | 45 days |
| West Virginia | 30 days after notice |
| Wisconsin | 30 days after notice (unless otherwise noted in the lease) |
| Wyoming | 7 days to claim after notice, 15 days to collect after claim |
Check your local laws as some cities and municipalities may have their own statute.
Serve the Notice
Some states, like California, have very detailed instructions on how a notice regarding property left at the rental unit needs to be delivered to the tenant.
It’s important to understand what methods are acceptable so the tenant can’t claim that you improperly disposed of or sold their property.
Depending on the state, the following methods could be acceptable:
- Hand-delivery to the tenant
- Certified/registered mail
- Posting in a conspicuous place at the rental unit
Some states may allow other methods not included here, while others only allow a notice to be posted if there is no one at the rental unit or if other specific circumstances apply. Be sure to check your local law for proper notice delivery.
4. Determine How to Store the Tenant’s Belongings
Some states allow the landlord to determine where to store the tenant’s belongings as long as it is in a safe and dry space. This could be the landlord’s garage, attic, or something similar. Other states require landlords to store tenant belongings at the rental unit.
There are also a few states that require landlords to store the tenants’ property off-site in a secure location, including:
Your state laws may also require the tenant to pay for any storage charges incurred by the landlord.
5. Dispose of the Tenant’s Belongings
If the tenant didn’t retrieve their belongings within the deadline set in the notice, OR if your state doesn’t require any written notice, then landlords may have several options for disposing of the tenant’s belongings, including:
- Selling the items
- Keeping the items/giving them to friends or family
- Throwing away the items
- Leaving the tenant’s items on the rental grounds or other property
- Donating the items
Selling the Tenant’s Belongings
Depending on your state’s laws, landlords may be allowed to sell tenant belongings to recover costs from lawyers, past-due rent, damage, or other expenses owed by the tenant.
However, some states have specific requirements that must be met. For example, in Arizona, a tenant’s belongings may only be sold at public auction.
Be sure to check with your state laws to determine how and when you can sell your belongings.
Large items, such as cars and boats, are often treated differently than smaller items left inside the rental unit or in the yard/grounds. In some states, vehicles, boats, trailers, etc., must be reported to the police as abandoned property and dealt with by law enforcement.
Keeping the Tenant’s Belongings
The landlord may be allowed to keep a tenant’s belongings if the combined total value of all the items left behind falls below a certain dollar amount (such as less than $700 in California).
Keep in mind that the threshold doesn’t apply to a single item but to all the items left behind. For instance, a California landlord wouldn’t be able to keep a $350 bicycle if the combined value of all the items left behind by the tenant was more than $700.
Throwing the Tenant’s Belongings Away
Some states allow landlords to destroy or throw away anything the tenant left behind that appears to be junk, trash, or of little value. Often, the total of everything left behind must fall below a certain dollar amount as set by state law.
Leaving the Tenant’s Items at the Property
States such as Florida require the landlord to move the tenant’s belongings outside the property line, to another part of the rental property, to another property owned by the landlord, or to public property.
In these states, the items are typically left outside, and landlords are NOT required to store, maintain, or protect the tenant’s belongings. If the items get stolen, vandalized, or damaged by the weather, the landlord isn’t responsible.
In a few states, landlords have zero liability for anything that happens to a tenant’s belongings once the tenant has been evicted and can do whatever they want with the tenant’s belongings without having to give the tenant written notice beforehand.
Donating the Tenant’s Belongings
As long as the organization meets the guidelines laid out in state law (if any), landlords can potentially donate items.
For example, the organization may need to provide clothing or household goods to underprivileged families. Check the laws in your state to ensure you’re giving to an allowable charity if you choose to donate the tenant’s belongings.
State-by-State Disposition Laws
The chart below breaks down the acceptable methods for disposing of a tenant’s belongings left behind after an eviction in each state, and how much time, if any, a tenant has to retrieve their belongings before they can be disposed of.
State-by-State Disposition Laws
The chart below breaks down the acceptable methods for disposing of a tenant’s belongings left behind after an eviction in each state.
| State | Acceptable Method(s) of Disposal |
| Alabama | Sale |
| Alaska |
|
| Arizona | Sale at public auction (for unpaid rent only) |
| Arkansas | Sale |
| California |
|
| Colorado | Up to landlord discretion without liability |
| Connecticut | Sale at public auction |
| Delaware | Disposal method not specified in statute |
| Florida | Left at/near the property line |
| Georgia | Left at the property (or another property the landlord has access to) |
| Hawaii |
|
| Idaho | Disposal method not specified in statute |
| Illinois |
|
| Indiana | Get a court order and store in a storage unit or warehouse |
| Iowa | Disposal method not specified in statute |
| Kansas | Store at the rental unit or in a storage facility |
| Kentucky | Disposal method not specified in statute |
| Louisiana | Disposal method not specified in statute |
| Maine |
|
| Maryland | Disposal method not specified in statute |
| Massachusetts |
|
| Michigan |
|
| Minnesota | Public Sale |
| Mississippi | Disposal method not specified in statute |
| Missouri | Disposal method not specified in statute |
| Montana |
|
| Nebraska |
|
| Nevada | Disposal method not specified in statute |
| New Hampshire | Exercise reasonable care |
| New Jersey | Exercise reasonable care |
| New Mexico | Exercise reasonable care |
| New York | Companion animals must be reported to appropriate authorities for removal |
| North Carolina |
|
| North Dakota | Sale |
| Ohio | Only addresses tenant belongings remaining in mobile homes, recreational vehicles, or manufactured homes. |
| Oklahoma |
|
| Oregon |
|
| Pennsylvania | Disposal method not specified in statute |
| Rhode Island | Disposal method not specified in statute |
| South Carolina |
|
| South Dakota | Disposal method not specified in statute |
| Tennessee | Thrown away |
| Texas |
|
| Utah |
|
| Vermont | Disposal method not specified in statute |
| Virginia | Disposed of in any way the landlord “sees fit or appropriate” |
| Washington |
|
| West Virginia | Disposal method not specified in statute |
| Wisconsin | Disposed of in any way the landlord deems “appropriate” |
| Wyoming | Disposal method not specified in statute |
What Should I Do If a Tenant Leaves Behind an Animal?
Call animal control. Depending on how long the animal has been abandoned, it could be sick or hungry. Even if you or a neighbor has the best of intentions, the dog could be aggressive or damage the property.
