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 Arkansas, the handling of a tenant's abandoned property is governed by the Arkansas Residential Landlord-Tenant Act of 2007. According to Arkansas Code Annotated § 18-16-108, a landlord must give a former tenant notice of the abandoned property and allow the tenant to claim it. The landlord must hold the abandoned property for at least ten (10) days after the notice is delivered. If the tenant does not claim the property within this time frame, the landlord may dispose of the property. The notice must be sent to the tenant's last known address or personally delivered. If the property is valued at more than $1,000, the landlord must also advertise the sale of the property in a local newspaper at least once a week for two weeks before the sale. The landlord may use the proceeds from the sale to cover the costs of storage, advertisement, and sale, as well as any outstanding debts owed by the tenant, such as unpaid rent or damages. Any remaining proceeds must be held for the tenant for 180 days, after which they may be retained by the landlord. Lease agreements may include specific provisions regarding abandoned property, but they cannot contravene state law.