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 Arizona, the handling of a tenant's abandoned property is governed by Arizona Revised Statutes (ARS) § 33-1370. When a tenant abandons personal property, the landlord must hold the items for a period of 14 days after giving notice to the tenant. The notice must be mailed by certified mail to the tenant's last known address and to any alternate address known to the landlord. If the tenant does not reclaim the property within this time frame, the landlord may sell the items. If the sale proceeds are less than $750 or an amount equal to two months' rent (whichever is greater), the landlord may keep the proceeds to cover the costs of storage and sale, and any remaining balance may be applied to the tenant's outstanding debts to the landlord. If the proceeds exceed this threshold, the excess must be mailed to the tenant at their last known address. If the tenant's address is unknown and the landlord cannot with reasonable effort ascertain the address, the excess funds must be deposited with the county treasurer after deducting the costs and debts owed. Lease agreements may also include provisions regarding abandoned property, but they cannot waive the tenant's rights under state law. It's important for landlords to follow these procedures carefully to avoid liability for wrongful disposal of a tenant's property.