If a tenant moves out or vacates the leased premises and leaves personal property items behind—whether an automobile, pots and pans, jewelry, or artwork—the landlord may be required to safely store the tenant’s abandoned property for some period of time after giving the tenant notice of the property that was abandoned and the right to pick up the property before the landlord may legally dispose of it and keep the proceeds of any sale of the items.

Under some state laws this time period begins when the landlord takes possession of the abandoned property and does not require the landlord to give the tenant notice of the abandoned property. And some states do not have a law (statute) on abandoned property—leaving the issue to be addressed by the terms of the lease agreement, or perhaps by previous court opinions that have addressed the issue (also known as case law or precedent).

The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice vary from state to state, with the time period generally ranging from 5 days to 60 days. In some states the landlord may have a lien on such personal property items to the extent the tenant has a balance of unpaid rent due or the tenant caused damage to the leased premises in excess of any security deposit held by the landlord. And some lease agreements include a provision that defines the landlord’s and tenant’s rights and obligations regarding abandoned property.

The laws regarding a landlord’s obligation to safely store the tenant’s abandoned property for some period of time after giving the tenant notice are usually located in a state’s statutes but may also be included in city or municipal codes or ordinances.

In Alaska, when a tenant abandons personal property after moving out, the landlord is required to handle the items according to Alaska Statute AS 34.03.260. The landlord must give notice to the tenant, typically by mail, describing the abandoned property, the location where it can be claimed, and a deadline for retrieval. The tenant has at least 15 days after the notice is mailed to recover the property. If the property is not claimed within this period, the landlord may sell the items. If the sale proceeds exceed the costs of storage, sale, and any outstanding rent or damages, the excess must be paid to the tenant. If the tenant cannot be reached after a reasonable effort, the remaining funds must be deposited with the Alaska Department of Revenue. Lease agreements may also include specific terms regarding abandoned property, but they must comply with state law. If there is no specific statute in place, the terms of the lease and case law may govern the handling of abandoned property.