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 Hawaii, the regulation regarding a tenant's abandoned property is outlined in Hawaii Revised Statutes Section 521-56. When a tenant vacates the premises and leaves personal property behind, the landlord must store the property for a period of fifteen days after the landlord gains possession of the property or after the lease ends, whichever is longer. During this time, the landlord must send a notice to the tenant's last known address, informing them of the abandoned property and the tenant's right to reclaim it. If the tenant fails to respond within the fifteen-day period, the landlord may sell the property at a public sale, provided that the landlord has published notice of the sale in a newspaper of general circulation. If the property is valued at less than $500, the landlord may dispose of it in any manner deemed reasonable. If the sale proceeds exceed the costs of storage, sale, and any outstanding debts owed by the tenant to the landlord, the excess must be turned over to the state as unclaimed property. Lease agreements in Hawaii may also include specific provisions regarding abandoned property, but they must be consistent with state law.